HomeMy WebLinkAbout12-0829 Fli -, -,"x,-!7!1-7
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Darrell C. Dethlefs, Esquire
ID # 58805
Dethlefs-Pykosh Law Group, LLC
2132 Market Street ri,!?r- e , ?f flE --
Camp Hill, Pennsylvania 17011
Telephone - (717) 975-9446
Fax - (717) 975-2309
DDethlefskaol.com Attorney for Plaintiff
MID PENN BANK, IN THE COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY
V.
CIVIL ACTION - LAW
No.: `ao?a-
WSW ENTERPRISES, LLC,
Defendant MORTGAGE FORECLOSURE
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served. by entering a written appearance personally or by an attorney and filling in writing
with the Court your defenses or objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a judgment may be entered against
you by the Court without further notice for any money claimed in the complaint or for any other
claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF
YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
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Darrell C. Dethlefs, Esquire
ID #58805
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone - (717) 975-9446
Fax - (717) 975-2309
DDethlefs(a,;aol.com Attorney for Plaintiff
MID PENN BANK, IN THE COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY
V.
CIVIL ACTION - LAW
No..
WSW ENTERPRISES, LLC,
Defendant MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW comes the Plaintiff, Mid Penn Bank, by and through its attorneys, the
Dethlefs-Pykosh Law Group, LLC, by Darrell C. Dethlefs, Esquire who files this Complaint for
Breach of Contract and Foreclosure (the "Complaint") against Defendant, WSW Enterprises,
LLC, and hereby alleges as follows:.
1. Plaintiff is Mid Penn Bank, a Pennsylvania financial institution existing under the
laws of the Commonwealth of Pennsylvania, with its principal office located at 349 Union Street,
Millersburg, Dauphin County, Pennsylvania.
2. Defendant, WSW Enterprises, LLC is a Pennsylvania Limited Liability Company,
existing under the laws of the Commonwealth of Pennsylvania, with its registered office address
at 770 South West Street, Carlisle, Cumberland County, PA.
3. The parcel of real property which is the subject of this action (the "Subject Property")
is 770 South West Street, Carlisle, Cumberland County, PA.
4. This Court has subject matter jurisdiction over this cause of action.
5. This Court has personal jurisdiction over the Defendants in this matter pursuant to 42
Pa.C.S.A. §§ 5301, 5322(a)(1)(v), and/or 5322(a)(5).
6. Preferred venue properly lies with this Court pursuant to Pa.R.C.P. § 1142.
7. This is an action seeking foreclosure upon a mortgage on certain real estate.
8. Pursuant to that certain Promissory Note with an effective date of June 17, 2008 (as it
may have been amended, restated, replaced, supplemented or otherwise modified from time to
time, the "Note"), Plaintiff, Mid Penn Bank, agreed to extend credit to WSW Enterprises, LLC in
the original principal sum of four hundred and twenty thousand dollars ($420,000.00) plus
interest (the "Loan"). (A true and correct copy of the June 17, 2008 Promissory note is attached
hereto, made part hereof and marked as Exhibit "A").
9. To secure repayment of the Loan, as evidenced by the Note, Defendant, WSW
Enterprises, LLC, as mortgagor, executed that certain Mortgage, with an effective date of June
17, 2008 (as it may have been amended, restated, replaced, supplemented or otherwise modified
from time to time, the "Mortgage") in favor of and to Plaintiff, Mid Penn Bank, as mortgagee.
(Said Mortgage is a public record accessible in the Recorder of Deeds office in and for
Cumberland County, Pennsylvania, instrument Number 200820377, recorded June 17, 2008, and
is attached hereto as Exhibit "B")
10. Plaintiff, Mid Penn Bank, is the owner and rightful holder of all right, title, and
interest in the Note and Mortgage, (together with all documents, instruments, and agreements
delivered in connection with the foregoing and all substitutions therefore and extensions,
renewals, replacements, supplements, modifications and amendments thereof, collectively, the
"Loan Documents").
11. Defendant, WSW Enterprises, LLC, has defaulted under the Loan Documents by,
inter alia, failing to timely make all payments due thereunder.
12. The Mortgage provides for payment and collection of all costs and expenses to
protect Plaintiff, Mid Penn Bank's, interests in the Property or to collect the Indebtedness.
13. As a result of Defendant, WSW Enterprises, LLC's, default, Plaintiff, Mid Penn
Bank, has accelerated and declared, and does hereby accelerate and declare any and all amounts
due under the Loan Documents to be immediately due and payable.
14. The following amounts are due on the said Mortgage as of January 24, 2012:
Principal of debt due $386,541.46
Unpaid interest at 6.0% from March 1, 2011 to January 24, 2012 $1,095.20
Title Report $75.00
Court Costs (anticipated, excluding Sheriff s Sale costs) $203.75
Escrow overdraft / (Balance) $0.00
Late Charges
(Monthly late charge of $45.63 should be added in accordance
with the terms of the note after 01/24/12
$227.98
M IP/PMI $0.00
Recoverable balance
$388,143.39
Attorneys Fees (anticipated and actual to 5% of principal) $ 19,327.07
TOTAL $ 407,470.46
15. Plaintiff, Mid Penn Bank, has a valid, perfected and enforceable lien against and
security interest on the subject properties.
16. Plaintiff, Mid Penn Bank, has performed all conditions required of it under the Loan
Documents or has been excused therefrom as a result of the breach(es) by Defendant, WSW
Enterprises, LLC.
17. The amounts due under the Loan Documents are currently due and owing and have
not been paid, which is a default.
18. Defendant, WSW Enterprises, LLC, has failed to pay the amounts due and owing
under the terms of the Note, which is a default.
19. Defendant, WSW Enterprises, LLC, has failed to pay the amounts due and owing
under the terms of the Mortgage, which is a default.
20. The amount Defendant, WSW Enterprises, LLC, currently owes to Plaintiff, Mid
Penn Bank, is not less than the Indebtedness.
21. Defendant, WSW Enterprises, LLC, has failed to pay the Indebtedness, which is a
default.
22. Plaintiff, Mid Penn Bank, has performed all conditions required of it under the Loan
Documents or has been excused therefrom as a result of the breach(es) by Defendant, WSW
Enterprises, LLC.
23. As of the date of this Complaint, and under the Loan Documents, Defendant, WSW
Enterprises, LLC, owed not less than the Indebtedness.
24. The Indebtedness is now due and owing and has not been paid by Defendant, WSW
Enterprises, LLC.
25. Defendant, WSW Enterprises, LLC's, failure to pay the Indebtedness constitutes a
default pursuant to the Mortgage and under the Loan Documents.
26. As a result of Defendant, WSW Enterprises, LLC's, default, Plaintiff, Mid Penn
Bank, has incurred and continues to incur expenses under the Loan Documents including,
without limitation, attorneys' fees, costs, and expenses, all of which amounts are payable by and
secured under the Loan Documents and which Plaintiff, Mid Penn Bank, is entitled to recover
under the Loan Documents.
27. Defendant, WSW Enterprises, LLC, has failed to make payments for the amounts due
and owing under the Loan Documents, which is a default.
28. Plaintiff, Mid Penn Bank, has performed all conditions required of it under the Loan
Documents or has been excused therefrom as a result of the breach(es) by Defendant, WSW
Enterprises, LLC.
WHEREFORE, Plaintiff, Mid Penn Bank, demands judgment be entered, in rem, against
the Defendant herein in the principal sum of $386,541.46 plus interest, costs and attorney's fees
as more fully set forth in the Complaint, and for foreclosure and sale of the mortgaged premises.
Respectful s bmitted,
Dethlefs- yko h Group, LLC
Darrell ethlefs, Esquire
2132 Market Street
Camp Hill, PA 17011
(717) 975-9446
Attorney for Plaintiff
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Date:
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U.S. Small Business motion
NOTE
SBA Loan S PLP
SM Loan Name
LLc
WM EnWObM
owe Jum 17, an
goes AMMM 4M.OW.W
mowed Rate &W% (VAR1AKE AT WALL STREET JOURNAL PFAW RATE + 1.AM)
Ba war WSW EnWpdsw, LLC
Opwaft
COY WSW ErAorpdses, LLC
Lender Wd Pone Bank
S'ooo yG 3,Z
1. PROMISE TO PAY:
la retom for Ste [.ow, Bonower promises to pay to dw ceder of Lender the amou9 of
fOtJR HuNDFtW TVW&M THOUSAND AND NO Dollars,
inures ar due unpaid principal balance, and all odmr tenw-um regaited by dds Nape.
2. DEMMONS:
"Cot6mmt" means my property td= as socu ft for paynrxtd of this Note or my g of this Noce.
"Oumaatol" means each pa=m or entity that signs a gm[antee of payment of this Not.
" Lom" moms the loan evidenced by dds Note.
"LA min Docomm s" means dne doamteats related to this loan agncd by Burrower, any Gawantar, at aarorne Wino
PhAm conateraL
"SBA" raesnts the SnwU Business Admioistratioo, as Ageacy of the Uni ad States of America.
SBA Farm 147 {OMV=4 VermW 4.1
EXHIBIT
Waters Kk men Fkw ndel A
3. PAYMOMTRRMS:
Borrower arm MMkC aQ at the plats l order dedptow 7be l) 1 i lams fbr Ibis Note are:
The interest rate on this Note will fluctuate. Their U Wrest rate is 13.00% per annum.
Borrower must pay ptitxdpal and interest payments of $2,707A0 every month. beginning one month from the month
this Note Is dated; payments must be made on the 17th calendar lay in the months they are due.
Uxxler will apply each installment payment fiM to pay interest accrued to the day Lender receives the payment, then
to bring principal current, then to pay any Tcte fees. and wM apply any rernakrInng balance to reduce principal.
The Wrest rate will be adjusted rrond* (the `change period').
The "Prime Rate" is the prime rate in effect on the first business day of the month In which an interest rate tinge
occurs. as published In the Wail Street Journal on the neon business day.
The adjusted interest rate will be 1.00% above the Prime Rate. Lender wN must the interest rale on the first
calendar day of each change period. The change in Wrest rate Is effective on that day wither or not Lender gives
Borrower notice of the change. The initial interest rate must remain In effect until the flnst change period begins.
Lender must adjust the payment amount at least annually as needed to amortize principal over the rerr ng term of
the torte.
If SBA purchases the guaranteed portion of the u npald prtttcipai balance. the interest rate becomes fiewd at the rate
In effect at the tone of the earliest uncured payment default. If there Is no uncured payment defeA the rate becomes
fixed at the rate In effect at the time of purchase.
AN remaining prinapg and accrued Interest is due and payable 25 years from date of Note.
Notwithstanding anything to the contrary.
Bonower may prepay this Note. eorrower may prepay 2D% or less of the unpaid principal balance at any time
wWaA notice. If Borrow prepays more Mab 2096 and the Note has been sold on the seer market. Borrower
must;
a. Give tender written notice;
b. Pay aq accrued interest; and
c. if the payment is received lees than 21 days from the dale Lender receives the notim pay an amount equal to 21
days Wrest from the date Lender receives the notice, less any interest accrued during the 21 days and paid under
subparagraph b. above.
If Borrower does not prepay within 30 days from the data tender receives the notice, Sorrawer roust give Lender a
new notice.
SA ft tai ttie+ MM vsdan s.1 Paps"
WdW= KkMW Mwidd SwWcek SL Chid. UN
i ?
SBA 147: Nose Fags 2 Continuation
Continuation of "...7
Prepayment Charge: When in any of the fist 3 years fron the date of Initial disbursement Bcxrower votuntarfly
prepays more than 25% of the outstanding principal balance of the loan, Borrower must pay to tender on behalf
of SBA a prepayment fee for that year as follows:
a. During the first year after the date on which the ban is fist disbursed, 5% of the total prepayment amount,
b. During the second year after the date on which the ban is first disused, 3% of the tolal pr+epsyrnent
amounts and
c. During the third year after the date on which the loan Is first disbursed,1 % of the total prepayment amtount.
Late Change: If a payment on this Note is more than 10 days late, Lender may charge Borrower a late free up to
5% of the unpaid portion of the regularly scheduled payment.
Page 1 Bankers Systems, Inc., St. Cloud, MN
• •
4. DEFAULT
Borrower is in defsdt under this Note if Borrower does not nrda a, 3 m mben dat under tins Notes a if Borrower
or ant; Company.
A. Fails to do arjd ft required by ible Noe and other Lan Doatroettts:
a. Defaults at any other lean with Leader;
C. Dom tot preaave, or accovot to Lender's atidwdm for, say of the COOMW a bs proceeds;
D. Does not disclose, or anyone acting on their bdwwdoes not disclose, my toweriai feet to Larder or SBA;
E. Makes, or anyaae wing on their behoUtaaka, a nntcrially Wee or adsleadiug representation to Leader or SBA;
F. Def udts on any loan or agreaaent vh kh auodwr creditor, if Leader believes the defoult nay mteradly affect
Borrower's Aft to pay dib Note;
G. Fails to pay any takes when dow,
H. Becoaaes tits abject of a pmoaed ft undersay baahattpttpy or y b .
1. Han a receiver or lignidaew appointed for any part of their bapd - a property;
I Makes an assignment for the benefit of a dtibora;
K Has any adverse change in financial condition or badwas operation that Leader believes may ra mesiaNy affect
Borrower's ability to pay this Note,
1,. Reorganizes, merges, eon"dates, or otherwise a larhgr=t owocrft or buuntim structure without Larder's prior
written comet; of
M. Baamtas Ere sobjed of a civil or crbn awl segmu that Lewder believes maymaterially affat Borrower's ability to
pay this Note.
5. Ll3N SVS RIGHTS IF 1HM IS A DBFAULI%
Without notice or demand and without gWM up any of its rights, Lander rrnay:
A. Require immediate payment of all areho a,1 owing undw this Note;
B. Collect all emotion owing from any Borrower or GUNSTO ..
C. Fie snit and obtain judgment;
D. Take possession of any Collateral; or
E. Sell, lease, of otherwise dispose of, nay Colkletad at public or private oak, with or wftom advertisement.
6. L MER'S GENERAL POWERS:
Without notice and without Borrower's commit, Lender may:
A. Bid on or buy the Collateral at its ale or the sale of molter lieadoldar, at any price it chooses;
B. Incur expenses to collect swunti; chit under this Note, enforce the terass of this Note or wry other Lora
Document. and preserve or diapoae of the Collateral. Armag otuar dui M the mmeaaea may mcioda payments
for ley taws, prior Bests, on tal 0D costs, and reasonable attorney's
fees and coats. If Leader secure such cqmsm it my deand iromed>atE repayment frown Borrower or add the
expenses to the principal balaaoe;
C. Relmse anyone oblipted to pay this Nate;
D. Corgxondse, release, taro, extend or anbstmre nay of &t Collateral; and
E. Take any action necessary b protect the Collateral or collect aaona<s owing can this Note.
SBA Form 147 (0a1091tp21 Version 4.1 Pape NO
Wottara t kOW Fa1aeM3a1 Servtoas, St. Cloud, MN
0 •
7. WHEN FEDERAL LAW APPLIES:
When SBA is 6e holder, *As Note will be hnterpaekd and erdorcod ands Ward brw, i0dufang SBA regdatbrns.
Lander or SBA may ttse state or local procedures for Ming papas, recatdiag doc me nM giving norica, foreclosing
(hens, and other purposes. By using such procedures, SBA does sot wurive say Waal 1 namm*4 ham stage or bad
control, penslty, tax, or Hab7ity. As to this MU6 Boarowa may not cWm or assort app SBA my local or state law
to deny my obligation. defeat say dsim of SBA, or preempt Federal law.
& SLXXMSSORS AND ASSIGNS:
Under this Note. Boaower and Operating Company include the successors of ach, and I.a+der includes its somas
and assigms
9. GENERAL PROVISIONS:
A. All individuals and entities slgaing this Note wa jointly and severally liable.
B. Borrower waives all suretys* ddmses.
C. Borrower must sign all documents necessary at any thus so comply with the Loan Documents and to e
Leader to acquire, perfect, or maintain Leader's liens on Collateral.
D. Lender may exercise any ofits rights separately ar togetbar, as many times and hm say ardor it dwooes. Lender
may delay or forgo euforobtg any of its rigs wit!" giving up my ofdwm.
E. Borrower may riot use an oral statement of Lender or SBA to eoalradid or alter the written tam of the Note.
F. If any put of this Note is uuadoeoeabk, all Wier parts remain to effect.
o. To the extant allowed by law, Borrower waives sit demands and notices in comeaioat with tbis Note, including
presentment, danand. Promk and nodco ofdishaaac Boirou w also waives my defenses based upon my claun?
that Leader did not obtain my guareace; did tat obtain, ptsfbct, or makMa a lien upon Cord' impaired
Collateral; or did not obtain the fair rrnar4 1 value of Collateral at a ask.
SBAFoamW IVm1=4.1 Paps 46
Wolm Muwer Finanaal SarAw% St. Cloud, MN
0
10. STATE.-SPECIMC PROVISIONS:
0
BORROWER HEREBY IRREVOCABLY AUTHORS AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK
OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANA. OR ELSEWHERE. TO APPEAR AT ANY TIME FOR
BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT OOMPLAINT FILED. CONFESS OR ENTER
JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND Al. ACCRUED INTEREST.
LATE CHARGES AND ANY AND ALL AMOUNTS E)PENOW OR ADVANCE) BY LENDER RELATING TO ANY COLLATERAL
SECURING THIS NOTE. TOGETHER WITH COSTS OF SUIT. AND AN ATTORNEY'S OOKOASSION OF TEN PERCENT (10%) OF
THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE
HIUIDR® DOLLARS "%ON WHICH JUDGMENT OR JUDGMMM ONE OR MORE EXtEMITIONS MAY ISSI
IMMEDIATELY. AND FOR SO DOING. THIS NOTE OR A COPY OF THIS NOTE VBBFIED BY AFFIDAVIT SHWA. IE SUFFICIENT
WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE
EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY. BUT SHALL CONTMJE FROM TIME TO TIME AND AT ALL TIMES
UNTIL PAYMENT IN RILL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WANES ANY RIGHT
BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION W 17H ANY SUCH CONFESSION OF JUDGMENT AND
STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT
PROVISION TO BORROWERS ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL
SBA Fam 147 (OW03fM Vbwbn 4.1 Pips SR{
Wcam Mwier Finsndd Sw"OK St Cloud. MN
0
1 1. BORROWER'S NAMEM AND SMATURBM
0
By sWiog below, each iadiv" or eatity becomes oblpled mder this Nola u Bono wer.
WSW Enbprbm LLC
Jurm 1T. 2009
Ja1s 17.2005
SBAFbM 147 f003021YeW-4.1 Pa{pen
Wafto IOuwer firnu?tai SerAcm, SL Clad, MN
41
Parcel Identification
Number: 04220=127A
RECORDATION
REQUESTED BY:
Mid Penn Bank
Camp Hill Office
2101 Market Street
Camp HUI, PA 17011
WHEN RECORDED MAIL
TO:
Mid Penn Bank
Camp Hill Office
2101 Market Street
Camp Hilt, PA 17011
FOR RECORDER'S USE ONLY
MORTGAGE
THIS IS A PURCHASE MONEY MORTGAGE
MAXIMUM LIEN. The unpaid principal balance of advances exclusive of interest and unpaid
balances of advances and other extensions of credit, sued by the Mortgage made for the
payment of taxes, assessments, maintenance charges, insurance premiums and costs
incurred for the protection of the mortgaged premises shall not exceed at any one time
$420,000.00.
Amount Secured Hereby: $420,000.00
THIS MORTGAGE dated June 17, 2008, is made and executed between WSW Enterprises,
LLC, whose address is 770 West Street, Carlisle, PA 17013 (referred to below as "Grantor")
and Mid Penn Bank, whose address Is 2101 Market Street, Camp Hill, PA 17011 (referred to
below as "Lender").
GRANT OF MORTGAGE. For valuable co Jan. Grantor gra r ts. bai+galne, sells, conveys, assigns, trarsfers, releases,
cantinas and mortgages to Lender ap of Grantors d^ tips, and interest in and lo the folowing described real praperty.
4ogWw vnllh all existing or subsequer* erected or affixed bull *W, improvements and fbrdxw an Weals. lames, alleys,
passages, and ngnn ways; or a?ny fwfse made appurtenant pp ' hereafter . and tp0deges, tenements, he reversions and remahder ?
urereunto beio s dth respect thereto, all
water, water rights, wateroourses and dIM rights (incx
hi,*V stock in utilities with Bch or k?lgalon dofte)oaanndmaasl other ruts,
Ilmitation
M86A &W
10 Mal Pop" h miaws, (the " eat Prop rty) Iodated wnmutumberland County, C minerals nwnw?If of Pens sylva a:
See Exhibit "A", which is attached to this Mortgage and made a part of this Mortgage as
If fully set forth herein.
The Real Property or Its address is commonly known as 770 South West Street, Carlisle, PA
17013. The eat Property parcel identification number is 04220483127A.
Grantor presently assigns to LwKler all of GranWs right, title, and Merest in and to all present and ItAve leases of the
Property and all Rents from the Property. In adMon, GrarNor grants to Lender a Unllormm Comrnerdai Code security Interest
in the Personal Property and Rents.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SEgmiTY INTEREST IN THE RENTS AND
PERSONAL PROPERTY, IS GIVEN TO SECURE (Ay PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $420,Ot11I.00, THE
RELATED DOCUMENTS, AND THIS MORTGAGE THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING
TERMS:
PURCHASE MONEY MORTGAGE If any d the debt secured by this Mortgage is lent to Grantor to aequke We to the Real
Property, rhis Mortgage shall be a purchase money mortgage rrder 42 P.S. Section 8141.
EXHIBIT
B
MORTGAGE
(Continued)
a
Page 2
PAYMENT AND PERFORddMdCE. Except as derwise provided in this Ltdgage, Grantor shad pay to Lender all WW-ft
segued by this Mortgage as they became due and shad Stdrtiy Pin ad d GranW8 abfigations under rids Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of tie Property
shad be governed by the following proviskxw
Possession and Use. Until the occurrence of an Event of Default Grantor may (1) remain in possession and control Of
the Property; (2) use. operate or manage the Properly: and (3) cadeet the Rents from die Properly.
Duty to Maktain. Grantor shad maintain the property in teratabie condition and Pranptiy perform all repairs,
replacements, and maintenance necessary to preserve its value. ,
Compliance VM Envtronmgntd Laws, Grantor represents and warrants to lender that (1) During the Period of
Grantor's ownership of the Property, there has been no use, ge • manufaclue. storage, treatment, disposal,
release or threatened release of any HazaWours Substance by any person on, under. about or from the Property; (2)
Grantor has no knowledge of, or reason to believe that there has been. except 88 Previously disclosed to and
acknowledged by Lender in writing. (a) any breach or violation d any Environments! Laws, N any use, generation,
mire, storage, treatment disposal, release or tveetered released any Hazardous StrbsWm an. urdw, about
orfram the Property by any prior owners or oa Wit d the Property. or (c) any a dal orthreatened iligafion or
claims of any kind by any person misting to such matters; and (3) Except as previously disclosed to and adorowledged
by Lender in writing. (a) neoher Grater nor any tenant, contractor, agent or otler autlhorized user Of the property shad
Use, generate, narxfacfnue, store, treat, dispose of or release any Hazwdous Substance on. udw, about or from the
Property; and (b) any such activity shad be conducted in compliance Witt all applicable federal, sf le. and local taws,
regulations and ordinances. kxtirdkhg without drrd P & ad Environmental Laws. GranW autlmorkes herder and its
agwft
enter corn property to ? lhe Prop" im;pections with IMIS sed and
n 01 go L orlgage ? Lender ? by or tests a riaie determine
Larder shad be for tenders purposes only and sled not be corshued 10 create any resporadiy or liability on the part
of Lender to Grantor or to any other Person. The nepneser"ons and warrarnilies corttained herein are based on
Grantor's due diligence in investigatkhg the Property for Hazardous Subsmnaes. Grantor hereby (1) releases and
waives any future claims against Lender for i dernky or oaMriburian in the event Grantor becomes dada for cleanup or
other costs under any such laws; and (2) agrees to Indemnify. defend, and hold harmless Larder against any and ad
claims. per, liabillilles, damages, penalties, and experhaes which Lender may dkecty or kickscilY sustain or sutler
resulting from a breach of this section of the Mortgage a as a oor----- m ce of any use, generation, manufacture,
storage, disposal, release or threatened release occurring Prior ID Grardoes ownership or interest In the Property,
wheter or not the same was or shald have been known to Grantor. The provisions of this section of the Mortgage.
Including the obligation to indemnity and defend, shad survive to payment of the I debtedneas and the satisfaction and
reoonveyance of the don d this Ltrtgage and shad not be affected by Lender's acquisition of any Merest In the
property. wheter by foreclosure or otherwise,
Nuisance, Waste. Grantor shad not cause, conduct or permit any nuisance nor eomrnk, Wnd, or suffer any OWN d
or waste on or to to property or any portion of the Property. Without &.d* g tine generaMty of the foreg°ing. Grantor will
riot remove, or gram to any other party the right b rer mr% any timber, rlnerals (Whdh3frh9 CM and gas), coal. clay,
scoria, sod. gravel or rock products without Leader's prior written cnrsent.
Rernovat of baprovwmnts. Grantor shad not demolish or remove any ktPoWw" from the Real Properly witthout
Lender's prior whiten conswL As a condition to the removal of any tmprovemerds. Lander may require Grantor to make
arrangements satisfactory to Lender to replace such improvemenla with Improvements of at feast equal value.
Lender's Right to Enter. Lender and tenders agents and representatives may enter upon the Real Pnopenly at ad
reason abte fires to attend to faders interests and to inspect the Rent Property for purposes of Grantor's compliance
with the toms and conditions of this Mortgage.
Compliance with Governmental Aequirahers. Grantor shelf promptly comply with all laws. ordinances. and
regulations, now or hereafter in effect, of all govem mw*J aulhoies; applicable to the use or occupancy of the Property.
khdhrd V without tinWon, the Americans With Disabilities Act. Grarhtor may conted in good faith any such law,
ordinwhce, or ragtlsoon and withhold compliance during any proceeding. khclxfing appropriate appeals, so long as
Grantor has notified Lender In wrdkhg Prior to doing so and so long as, in Larders sole opinion. Lenders Interests In the
Properly are not jeopardized. Lender may require Gramor to post adequate sec urily or a surety bond, reasonably
satisfactory to Lender, to protect Lenders khterest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grator shad do at other acts, in
addition to those acts sat forth above kn this section. which from the character and use of the property are reasonably
necessary to protect and preserve the Property.
DUE ON SALE - CONSENT BY LENDOL Larder may. at Landers option, declare immediately due and payable all suns
secured by this mortgage upon the sale or transfer, wmxm Lenders prior wrlaen --nit, of al or any pmt of the Real
VOL We
property, or any irterest in the Real Property. A *sale or transW means the coriveyance d Real Prop" or
inert in to Real Property; wh igher legal, benefidal or equrkabie; wheaher vokrkrvoln yacdigtl sale«
a
MORTGAGE
(Continued)
E
Page 3
deed, knstaNrtient sale contract, lard ccntraat. contract for deed, leasehold merest vdh a tern greater than three (3) years,
Ream method of con eya of an i in the Real Prop rty-n aany cic?antor Is a corporffiion,
part nerstdp or knifed liability company, trarrler also irwiudes any change In ownership of more than twenty-flue potent
(25x) Of the Voting stock, partnership irk or knited Ilatlilry, cornparty bomsts, as the case may be, of such Grantor.
However, this option shall not be exercised by Lender t such exercise is prohibited by federal law or by Pennsylvania law.
TAXES AND LIENS. Th e following provisions relating to the texas and lens an the Property are part of ttfa Mortgage:
Payment. Grantor shall pay when due (and in all events prior to dalinquerwy) all taxes, payroll taxes, special taxes,
assessments, water charges and sewer service charges levied against or an accord of the Property, and shall pay when
due all claims for work done an or for services rendered or mauxlei furnished b tie Property. Grantor shall maitton the
Property free of any liens having priorky over or equal to the interest of Lander under this MO VW% except for those
Il ns specifically agreed to in writing by Lander, and except RW the ten of taxes and saseserne nts not due as further
specified In the Right to Contest paragraph.
Right to Contest. Grantor may withhold pr mart of any tax, assessment, or datm in oortrtection? with a good faft h
dispute over the obligation to pay. so long as Lenders interest in ft Properly cis not Jeopardized. If a ten arises or is
fled as a result of nonpayment, Grantor shat within Wow (15) days alter the tan arises or, t a ten Is god. wrahin fifteen
(15) days after Grantor has notice of the W M. same the dirge of to ten. or t requested by Lender. deposit with
Lender caste or a sufficient corporate surety baud or otter sec rily sa**mty to UxxW in an antotxt makient to
discharge the lien plus any costs and attorneys' few, or outer charges that could accrue as a result of a foreclosure or
sale under the ken. In any contest, Grantor shat defend !set and Larder and shat satisfy any adverse Judgment before
enforcement against the Property. Grantor on mane Lender as an additional ebiges under any surety bond furrlstted
in the contest proceedings.
Evidence of Payment. Grantor shat upon demand furnish to Lawler satisfactory evidence of payment of the taxes or
assessments and shat authorize the appropriate go verrtrrtantoi oillcfal to deliver to Lender at any time a written statement
of the taxes and assessments against the Property.
Notice of Construcitom Grantor shat notify Lander at least Steen (15) days before any work is comrrhertced, any
services are furnished, or any nwmftb are supplied to the Property, IF any mec hartic's Jim materlakno is Yens. Cr o#W
ten could be asserted an account of the work, services, or materials. Grantor will upon request of !:ender furnish to
Lender advance assurances sir to Laurier that Grantor can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE The following provisions relating to insuring the Property are a part of this Mortgage:
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended
coverage endomernents an a replacement basis for the full insurable value covering at inprovemems an the Real
Property n an amount sutGcW toavoid a-11- I l - d any cokmranoe curse, and wUh a standard nar%pgee cause n
favor of Lender. Grantor shag also procure and maintain cor prehonsive general iabillty iteuuarce In such coverage
arnounts as Lender may request with Lender being narned as additional insureds in such liability insurance policies.
Additionally. Grantor shall maintain such other insumm itekK" but not incited to hazard, business issenuplion and
boker insurance as Lender may require. Policies Shat be written by such Irm, m lC ! companies and in such form as may
be reasonably acceptable to Lender. Grantor shall deliver to Lander corlilloolme of coverage from each insurer
containing a stipulation that coverage will not be cancelled or drnk ished withal a rnnnrrn of ten (10) days' prior
writers nonce to Larder and not containing any disclaimer o (the manner's liability for fallure to give such-notice. Each
insurance policy also shall include an endorsernert providing fret coverage n tawny of Lender will not be inpaied In any an area
deserted any act ornission by Me Director of delault of Grantor or the Federal Emergency cy McOm persom Should the Real Property be located anagenmot Agency as a special good hazard
arm In Grantor
agrees to obtain and rnai tan Federal Flood Insurance, if available, for the fill uspold principal balance of the ban and
any prior lime on the properly securing the ban, up to to rfexh /n policy knits set under the National good Insurance
Program, or as otherwise required by Lender. and to manlain such insurance for the terra of the loan.
Application of Proceeds. Grantor shat promptly notify Lander of any loss or damage to the Property. Lender may
rtmke proof of loss If Grantor tags to do so within fifteen (15) days of the canna lty. Whether or not Landers security is
inpaired, Lander may, at LerAWs election6 receive and retain the proceeds of any nsurarce and apply the proceeds to
the reduction of the Indebtedness. payment of any ken atactirtg the Property, or the restoration and repair of the
Property. t Lender niacLs to apply to proceeds to restoralm and repair, Grantor shat repair or replace the dannaged or
destroyed bnprovemerts In a manner saftlactory to Lender. Lender shot, upon sawhvkxy proof of such expenditure.
pay or rentburse Grantor from the proceeds for the reasonable cost of repair or restoration IF Grantor is not In default
under this Mortgage. Any proceeds which have not boon disbursed within 18D days after their receipt and which lender
has not corn witted to the repair or restoration of the Property trim be used Gust to pay any am unt awing to Lender
under tits Mortgage, then to pay accrued interest, and the remainder. I any. shah be applied to the principal balance of
tine kxk t xlrms. t !.ender holds any proceeds after payment in fug of the ndeb1 Kkms, such proceeds shat be paid
to Grantor as Grantor's interests may appear.
9
MORTGAGE
(Continued)
40
Page 4
Grantor's Report on Mharahoe. Upon request of Lender. however not Hare than awe a year. Gra lft shall furnish to
Lander a report on each eroding policy of insurance showing (1) the natmhe of the ins , (2) ft risks kw and the manner
the amount of the policy, (4) the property insured. the than parent mplacerrlent t of such property, ell
of detennNNng that value; and (5) the expiration date of the policy. Grmftr shall, upon request of Lender, have
independent appraiser satisfactory to Lender determine the rash value replacen+ent cost of the Property.
LENDER'S EXPENDITURES. If any action or proceeding is commenced to world materially affect Landers Interest in the
Property or If Grantor falls to campy with any provision of this Mortgage or any Rattled Docunhenis, Incltdng but not united
to Grantoes fakra to discharge or pay when due any amounts Grantor in required to discharge or pay under this Mortgage or
any Related Doarnents, Lender on Grantor's behalf may (but shell not be obligated id) take any action that Lander deems
appropriate, including but not MAW to discharging or paying all taxes, Yen^ security Irderesls. eramtrances and other
coma, at any time levied or placed the Properly and paying all costs theh insuft bow Interest at the the and un?argedduunder the
AN such expenditures Incurred or paid w by Larder for such purposes will Note
from the date incurred or pail by Lander to the date of repayment by Grahlor. AN such expenses will become a part of the
IrWetnledness and, at Lenders option, will (A) be payable an demant, (8? dadded to ue during h balance (1of tthe Note he term and be
any
apportioned among and be payable with any Installment payments
applicable insurance poky. or (2) the remaining term of ire Note: or (C) be treated as a balloon payment which wig be due
and payable a
W all other rights and remedies to which Larder may be ended upon Default. Grantors obligation to Lander for all expenses shall survive the entry of arry mortgage foreclosure judgment.
such
WARRANTY; DEFENSE OF TITLE. The foibwing provisions relhg to ownership of the property are a part of this
Mortgage:
Title. Grantor warrants that: (a) Grantor holds good and marketable We of record 1D the Property in psi npte. ? In any and dear of all liens and encurrrbraraes other than those set forth
in the Real Property description
insurance policy, title report, or limal We opinion issued In favor of, and accepted by, Lender in connection wNh this
Mortgage, and (b) Grantor has the furl right, power, and atfiotily to execute and dellm Oft MOrlppto Lander.
fitle to
Deform of Title,
the Property against Subject t ,ahr the exceplion In the claims of all persons In the event paragraph &W^ Grantor warrants and any action or IIs" rA Wever a`'dtthatquestions
Grantors title or the interest of Lender under this Mortgage. Grant shall defend the action at GrsnWs expense.
Grantor may be the nominal party In such proceeding, but Lander shall be entitled to participate in the proceeding and
to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be
delivered, to lender such instruments as Lender may request from time to time to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing
applicable laws, ordinances. and regukdons of goivernmental aut horites.
Survived of Rapre8041130" s and WOnuttim AN repr bons. warranties. and agreements made by Grantor In this
Mortgage shall survive the execution and d*4wy of this Mortgage. shall be continuing In nature. and shall remain In full
force and effect until such time as Grantor's Indebtedness shall be pail in full.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage:
Proceedutgs. If any proceeding in condemnation is feed, Grantor snap promptly notify lender In writing. and Grantor
shall promptly take such saps as may be necessary to defend the action and obtain the award. Grantor may be the
nominal party in such proceeding, but tender shall be enured to participate in the proceeding and tD be represented In
the proceeding by counsel of its own choice, and Graft will deaver or cause to be delivered to Lender such
instruments and documentation as may be requested by Lander from time ID time to permit such paticpalion.
Application of Net Proceeds. If all or any part of the Property Is condemned by eminent domain proceedings or by any
proceeding or purdnase in Neu of condemnation. Lander may at Its election require that all or any portion of the net
proceeds of the award be applied to the Indebtedness or the repair or restorallon of the Property. The net proceeds of
the award stall mom the award after payment of at actual costs, expernses, and atimmys' fees incurred by Lender In
connection with the condemnation.
IMPOSRION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to
governmental taxes, fees and charges are a pat of this Mortgage:
Current Taxes, Fees and Charges. Upon request by Lender, Granter shelf execute such doarmaks in addrim to this
Mortgage and take whatever other action is requested by Lander to perfect and continue Landers Nan an the Real
Property. Grantor shall reimburse Lerxder for all taxes, as described below. logWw with all expenses incurred in
recording, perfecting or continuing this Mortgage, including w#faut IaNlaton all taxes. fees. documentary stamps, and
other charges for recording or registering this Mortgage.
Taxes. The following shall constitute taxes to which this section apples: (1) a specific tax upon ids type of Nbrtgage or
anon all or any pat of the indebtedness seared by this Mortgage; (2) a specific tax an Grantor which Grantor Is
authorized or required to deduct from payments on the Indebtedness secured by ids type of (Mortgage; (3) a tax an
a
MORTGAGE
(Continued)
s
Page 5
this type at umlgage charge" against the tender or the holder of the Note; and (4) a specific tax on all or any
portion of the indebtedness or on payments of principal and Interest made by Grantor.
Subsuperri Taxes. if any tax to which this section applies is enacted subsequent to the date Of thus Mortgage. this
event shall have the same effect as an Event of Default, and Leader may ewe any or all of its wa llable remedies for
an Event ot Dole* as provided below unless Grantor either (1) pays the tax before it becomes delinquent. Or (2)
contests the tax as provided above in Rte Taxes and Liens section and deposits wr11h tender cash or a sufficient
corporate surety bond or other security satisfactory b Lender.
SECURITY AGREEMENT, FINANCING STATEMENTS. The foNawing provisions reldiN to this Mod" as a security
agreement are a part of this Mortgage:
Security Agreerment. This instrument stmt corelltute a Security Agreement to to exoant any of On Property dons
fixtures, and lender shall have all of the rights of a seared party under the lhd(ornrh Commercial Code as amended from
time to time.
Security Interest. Upon riquest by Lender Grantor shall take whatever action is mWeeled by Lender b pww and
continue Lender's security Interest in the Reams and Personal Property. In P IN, 1o NO Virg 06 Motyage in the real
property records. Lender may; at any time and without farther authorization from Grantor. No euecuhed counterparts.
copies or reproductions of this Mortgage as a financing statement Grantor shall reimburse Lender for all expenses
incurred In petectng or continuing file secu rfly Interest Upon default. Grantor shall not remove, wirer or detach the
Personal Property from the Property. Upon dalahdt, Grantor shat assemble any Personal Property not affixed b the
Property in a masher and at a place reasonably convenient b Grantor and Lender and make it available to Lender wvift
three (3) days after receipt of writer demand from tender to the extent permitted by applicable law.
Addresses. The mailing addresses of Grantor (debbr) and tender (secured party) from which information cax:erning
the semnily inteest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are
as stated on the first page of tut Mortgage.
FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The lo11owing provisions relating to further assurances and
additional ad horizations are a part of file Mortgage:
Further Ammamces. At any time, and from lure b time, upon request of lender. Grantor YA make, execute and
deliver, or wit cause to be made, executed or delivered, b tender or to lender's designee. and when requested by
lender, cause to be fled, recorded, relied, or rereowded. as the case may be, at such times and in such ofGoes and
places as Lender may deem appropriate, any and an such mortgages. deeds of trust, security deeds. security
agreemerhft. famixft statements. corftwwAon stalemeds, instruments of limier ahssusarce, cerliicafes. and other
documents as may. in the sole opinion of Lender, be necessary or desirable in order b efteckid% oormplate, therfed.
conitnue, of preserve (1) Grantors obligators under the Noll. tips Mortgage, and the Related Documents, and (2)
the ions and security interests created by Rots Mortgage as fast and prior 11111311 On the Properly. whWw now owned or
hereafter acquired by Grathlor. Unless prohibited by law or tender agrees b the contrary in wd*V6 Grantor shall
reimburse Lender for all costs and expenses Incurred in connection with the matters referred to In this paragraph.
Additonat Audxwbxtk ms. t Grantor falls to do any of the bulge referred to in the preceding Paragrethh, Lender my
do so for and in the name of Grantor and at Grantors expense. For such purposes. Grantor hereby hnriocablY
auRwrizes Lender to make. exewae, delver, fie, record and do all oRhe bulge as may be necessary or desirable, in
lender's sole option. to acoomplish the matters referred to In the precedkhg paragraph. It is uhderstoood that nothing
set forth herein shhal require Lender to take any such actions.
FULL PERFORMANCE If Grantor pays all the Indebtedness when due. and otherwise performs a11 to obligatorhs Imposed
upon Grantor under this Mortgage, tender shalt execute and deliver to Grantor a suitable satisfaction of this Mortgage and
suitable statements of termihaton of any financing statement an fie evidencing Leaders seaxity interest in the Rents and the
Personal property. Grantor win pay, if pemulted by applicable law, any movsormbie termiraton fee as determined by Wider
tram time b time.
EVENTS OF DEFAULT. Each of the followwlg, at Lender's option. shall constitute an Event of Default ruder this Mortgage:
Payment Default. Grantor fails to make any payment when due under the Indebtedness.
Dsfahft on other Payments. FaiMre of Grantor within to time regtdrad by this Mortgage b make any payment for taxes
or insurance, or any other payment necessary to prevent ft11rhg of or b eNect urge of any tem.
Other Defaults. Grantor tafis to cornpty with or to perform any of er term. obligation. caverhant or corhd110rn contained in
this Mortgage or In any of the Related Docurnent11 or to comply with or to perform any term. obligation. covenant or
condition contained In any other agreement between Lender and Grantor.
False Statements. Any warranty, representation or statemen t shade or funtathad to Lender by Grantor or on Grantor's
behalf under this Mortgage or the Related Downants ie false or miswadirgi in any material respect either now or at the
time made or furnished or becomes false or misleading at any timme thweafter.
MORTGAGE
(Continued) Page 6
Ddective failure ? This Kjorigage or document to create ? Related Documents ceases to and perfected ?) a m at any ? time or
and for
any reason.
Death or Insolvency. The dissolution of Grantor's (regardless d whether election to continue Is msde), any member the
withdraws from the limited liability company, or any other termination of vwd for of a
property, any
death of any member, the insolvency of Grantor. to receiver appointment of a assignment for the benefit of creditors, any type of credw workwA or the commencement d any proceeding under
any
bankruptcy or insolvency laws by or against Grantor.
Creditor or Forfeeltum Proceedkmj& Commencement of foreclosure or forfeltre proceedings. whetter by Judicial
proceeding, se#4m%x repossession or any other method. by any dxedtor of Grantor or by any govenrnental agency
against any icy searing the Mnddtitedness. This includes a garnishment of any of Grantors accounts, Including
deposit accents, with Lender. However. Oft Event of Default shat not apply I there is a good fath dispute by Grantor
as to the validity or reasonableness of the claim which Is the basis d the credlim or forfalt re proceeding and t Grantor
a surely bond for
gives
Lender written notice the c determined by LLenderisssole Lender mordes d ion, as adequate
the creditor or torfeiturtre pooeecBng, in an .
reserve or bond for the dispute.
Broach of Other Agreement. Any breach by Grantor under the terms of any otter agreement between Grantor and
lender that Is not remedied whin any grace period provided therein. IncWding without limitation any agreement
concerning any indebtedness or other obigaton d Grantor to Bender, whether existing row or later.
Events Affecting Guerantor. Any of the preceding smile occurs with respect to any Guarantor of any of the
Indebtedness or any Guarantor dies or becomes incompetent, or revolves or disputes the validity d, or liability under,
any Guaranty of to indebtedness.
Adverse Change. A material adverse change occurs in Grartoes financial condition, or Lender believes the prospect of
payment or performance of fine i?debtedntess is impaired.
hnseartty. Lender in good faith believes itself insecure.
RIG KM AND REMEDIES ON DEFAULT. Upon the occurrence of an Event d Default and at any time thereafter. Lender, at
Lenders option, may exercise any one or more of the following rights and remedies, in addition to any other rights or
remedies provided by law.
Accelerate 4Mebtedness. Lender shall have the right at its option, after giving such notices as required by applicable
law. to declare the entire Indebtedness immediately due and payable.
UCC Remediss. With respect to all or any part of the Personal Property, tender shall have all the rights and remedies of
a secured parry under the Unitorun Commercial Code.
Collect Rents. Lender shall have the right, without notice to Grantor. to take possession of the Property and collect the
Rats, inckrfng amounts past due and unpaid. and apply the net proceeds, over and above Lenders casts, against the
indebtedness. In idatherarhoe d this right, Lender may require any tenant or other user of the Property to make
payments of rent or use fees directly to Lender. B the Rents are collected by Lender, then Grantor irrevocably authorizes
Lender to endorse hstruments received in payment thereof in the name of Grantor and to negotiate the same and collect
the proceeds. Payments by tenants or other uses to Lender in response to Lenders demand shall satiety the
obligations for which tie payments are made, whether or not any proper grounds for the demand existed. Lender may
exercise Its rights under this subparagraph either in percent by agent or trough a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any pan of the
Property, with the power to protect and preserve the Property. to operate the Property prec'.eding foreclosure or sale, and
to anted the Rents from the Property and apply the proceeds. over and above the cost of the rec akereW against the
Indebtedness. The receiver may serve without bond If permitted by law. Lenders right b the appoitmert d a receiver
shall exist whether or not the apparent value of the Property exceeds the Indebbidness by a substantial amount
Employment by Lender shall not disqualify a person from serving as a receiver.
Judicial Foreclosure. Lender may obtain a Jubcial decree foreclosing Grantors interest in all or any part of the
Property.
Possession of the Property. For the purpose of procuring possession d the Property, Grantor hereby authorizes and
empowersand all persons claiming under or through In the Corrimonwealth of Pennsylvania or elsewhere. as attorney for
Lender t ender to sign agreement for entering in any competent court an
amicable acbn in e*ftet for possession of the Property and to appear for and confess judgment against Grantor.
and against ail persons claiming wrier or lhniu ? Grantor. for the recovery by tender of possession of the Property.
witaut any stay of execution. for which this Mortgage, or a copy of ids Mortgage verified by atitdanlt, shall be a
sudfidet warrant; and thereupon a writ of possession may be issued fora with, without any prior writ or proceeding
whatsoever.
MORTGAGE
(Continued) Page 7
Norju U" Sale. If permitted by applicable law. Lender may foreclose Grarifies Worm In all or In airy part Of the
Personal Property or the Read Properly by non+xLIW sale.
Deficiency Judgment. Lender may obtain a judgment for any deficiency remaking in the indebtedness due to Lender
after application of all ammo received from five exercise of the fthts provided in this section.
Tenancy at Sufferance, If Grantor remains In Possession Of the Property after the Property b soldas provkted above or
tender otherwise becomes ended to possession d to property upon default of Grantor. Grantor shall became a
tenant at sufferance of tender or ifto purchaser of the Property and shall, at t erde"s option, eMner (1) pay a
reasonable rental for the use of the Property, or (2) vacate the property winwhal* upon the demand of tender.
Other Remedies. Lender shall have all Other rights and remedies povided in this Wtortgage or the Note or available at
haw or In equity.
Sale of the Property. To the extent permitted by applicable law. Grarhtor hereby waives any and all right to have to
Property marshalled. In exercising Its rights and remedies, Lender shelf be free to sell ail or any part of the Property
together or sepwatey. none sale of by separate sales. Lender shall be added to bid at arry public sale on all or arry
portion of the Property.
Notice of Safe. lender shall ghre Grantor reasonable notice of to time and piece of any pubic sale of the Personal
Property or of the tine after which any private sale or other intended deposition of the Personal Property is to be made.
Unless otherwise required by applicable law. reasonable notice shall mean notice given at least ten (10) clays before the
time of the sale or dispos don. Any sate of the Personal Property may be made In co njwxdion with any sale of the Real
Property.
Election of Remedies. Election by leader to pursue any remedy shaft not exclude pursuit of arty other remedy. and an
election to make expendbures or to take action to perform an obligation of Grantor under this Nfortgage. after Grantor's
failure to perform. shah not affect Lenders right to declare a default and exercise Its remedies. Nothing under obis
Nlortgage or othmwwise shelf be construed so as to limit or rastild In rights and remedies available to Lender following
an Event of Default, or in any way to link or restrict the rights and ability of Larder to proceed directly against Grantor
and/or against any other co-maker, guarantor. surety or endorser and/or to proceed against any other Collateral directly
or Indirectly securing the lndebtedness.
Attorneys' Fees; Expenses. If Lender nsohrtes any suit or action t0 enforce any d the ferns of this Mortgage, Lender
she$ be entitled to recover such sun as the court may reasonable as attorneys' fees at trial and upon any
appeal. Whether or not any court action Is nvotved, and to the extent not prohibited by law, all reasonable expenses
Lender ncxus that in Lender's opinion are necessary at any time for the protection of Its interest or the enforcement of Its
rights step became a part of the Indebtedness payable on damsel and shelf bear interest at the Note rats from the date
of the mcperdduna until repaid. Expenses covered by this paragraph include, wMxxA limimtion. however subject to any
limits under applicable taw, La ndees attorneys' fees and Lender's legal expenses, whether or not there Is a bosun,
nckrdxhg atomeys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic
stay or iju cthon). appeals. and any anticipated most-judgment collection services, the cost of searching records,
dataining W reports (Including foreclosure reports), surveyors'repaii , and appraisal fan and We insurance, to the
extent permitted by applicable law. G also will pay any court costs, addition to all other sums pmvkled by law.
NOTICES. Unless otherwise provided by applicable law, any notice required to be given wrier this Mortgage shelf be given
In writing, and shall be effective when achrally delivered, when acpueiy racevded by telefacsbnie (unless otherwise required by
law), when deposited with a nationally recognized overnight courier, or, If maNed, when deposited In the United States mail,
as fast cuss, candied or regis mad postage prepaid. directed b the addresses shown near the beginning of this
Mortgage. AN copies of notices of foreclosure from the holder of any Gen which has priority over this Nbrigoge shad be said to
Lenders address, as shown near the beginning of this Mortgage. Any party may change its address for notices wrier this
Mortgage by giving formed written notice to the other parties, specifying that the purpose of this notice is to charge five party's
address. For notice purposes, Grantor agrees to keep Larder informed at all times of Grantor's wrent address. Unless
otherwise provided by applicable law, if tore is more tnarh one Grantor. any nodes given by Leader to any Grantor a deemed
to be notice given to all Grantors.
UNITED STATES SMALL BUSINESS ADMINISTRATION REGMEMENT& The Loam secured by this Non was made under
a United States Small Business Admhmistraoon (SBA) na*xwMe program which uses tax dollars to assist and business
owners. If the United States is seeking to enforce thin document. then under SBA regulations: a) When SBA is the holder
of the Note, this document and all documents evidencing or securing ids LOan will be construed In accorden ce with federal
law. b) Lender or SBA may use local or state procedures for purposes such as fang papers, rocordng docum eats, giving
notice, toreedosirng liens, and other purposes. By using these procedures. SBA does not waive any federal immunity from
local or state control. penalty, tax or liability. No BoTower or Guarantor may claim or assert against SBA any local or state law
to deny any obligation of Borrower, or defeat arty claim of SBA with respect to this Loan. Any clause n this document
requiring arbaration is not enforceable when SBA Is the holder of the Note secured by this nstrumerht,
0 0
MORTGAGE
(Continued) Page 8
MISCELLANEOUS PROVIS ONS. The fodmwing miscellaneous provisions are a part of this Mortgage
Amendments. This Mortgage, together with any Related Documents, des the entire understanding and
agreement of the parties as to the matters set forth in ft Mortgage. No alteration of or arnerudnent to this Mortgage
shall be effective unless given in willing and signed by the party or parties sought to be charged or hound by the
alteration or amtendmenL
Annual Reports. It the Property is used for purposes other than Grardoes residence, Grantor shad furnish to Lender,
upon request, a certified statement of net operating kvxxrre received from the Property during Grantors previous fecal
year in such form and detail as tender shad require. 'Nat operating inoome' shad mown all cash receipts from the
Property less ad cash expenditures made in connection with the operalla d the Property.
Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to
interpret or define the provisions of Ills Mortgage.
Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the ad nt not
preempted by federal fast, the laws d the Carron w with of ParnnsylwMs without regard to its conflicts of law
provisions. This Mortgage has been accepted by Lender In the Conanwnweahh of Pennsyhvanin.
Choice of Vanua. If there is a lawsult, Grantor agrees upon Lender's request to subunit to the Jurisdiction of the courts of
Cumberland County. Commornveallh of Pennsylvania.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver
is given In wrting and signed by Lender. No delay or omhission an the part of Lender in exert any right shad operate
as a waiver of such right or any other right. A vvalver by Lender of a provision of this Mortgage shad not prejnrfce or
constitute a waiver of lenders right otlwwbe to demand strict eornplsece vvft that provision or any other provision of
fib Mortgage. No prior waiver by Lender, nor any course of dealing beltom Lender and Grantor. did constitute a
waiver of any of Lenders rights or of any of Grantor's obligations as to any hAure transactions. Vftn war the consent d
Lender Is required under this Mortgage, the granting of such consent by Lander in atrny Instarm shad not constitute
continuing consent to subsequent instances Mere such consent is required and in all cases such consent may be
granted or vnltitheid in the sole discretion of tender.
Severabilky. if a court of competerd jurisdiction finds any provision of this Mortgage to be Negal, Invalid, or
unenforceable as to any circumstance. that finding shad not maw the offending provision illegal, Invalid, or
uneriforceable as to any other circumstance. it feasible, the o feri ft provision shad be considered mouthed so that it
becomes legal, valid and enforceable, V the offending provision carrot be so modified, it shell be considered deleted
from this Morigage. Unless otherwise regnant by lava, the illegally, invalidity. or urnerforceat>idty of any provision of this
Mortgage shad not affect the legality. vadddy or enforceability of any otter provision of this Mortgage.
M rger. There shad be no merger of the interest or estate created by this Mortgage with arry other interest or estate in
the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
Successor Interests. The terms of this Mortgage strati be binhcing upon Grantor. and upon Grantors heirs, personal
representatives, successors, and assigns, and shad be enforceable by Lender and its successors and assigns.
Time is of the Essence. Time Is of the essence In the performance of Olt Mortgage.
Waive Jury. AD parties to this Mortgage hereby wake the right to any Jury trial In any action, proceeding, or
couMerciaim brought by any party against any other party.
DERNITIONS. The following capitalized words and terns shall have the follamV meanings when used in this Mortgage.
Unless specifically stated to the contrary, all references to dollar amounts shad mean amounts in lawful money of the United
States of America. Words and terms used in the singular shad include the pl rat, sand the plural shad include the singular, as
the context may require. Worts and terms not otherwise defined in tnls Mortgage shall have the meanings attributed to such
terms in the Uniform Commercial Code-
Borrower . The word -Borrowe' means WSW Enterprises, LLC and Includes all co-signers and co-matters signing the
Note and all their successors and assigns.
Default. The word 'Default" means the Default set forth in thin Mortgage in the section tided 'Default'.
Environmental Laws. The worts 'En virormentai Laws' mean any and all state, federal and beet statutes. regulations
and ordinances relating to the protection of human health or the environment, inludig without limitation the
Comprehensive Environmental Response, Compensation. and Liability Act of 1980, as amended, 42 U.S.C. Section
9601, at seq. ('C ERCtA% the Supedund Amendments and Reauthorization Act of 1986, Pub. L No. 99-498 ('SARA,
the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery
Act, 42 U.S.C. Sections 6901, et seq., or other applicable state or federal laws, rules, or reguulatons adopted pursuant
thereto.
MORTGAGE
(Continued) Page 9
Event of Deiauft. The words 'Event of DeWW mean any of the everts of default set forth in this Mortgage in the events
of defau t section of this Mortgage.
Grantor. The word 'Grantor' means WSW Enterprises, LLC.
Guarantor. The word 'Guarantor means any guarantor, surely, or accommodation parry of any or all of the
Indebtedness.
Guaranty. The word 'Guaranty' means the guaranty from Guarantor to lender, kx*x ing without Nmltation a guaranty of
all or part of the Note.
Hazardma Substances. The words liazardous Substances' mean materiels that, because of their quantity,
concentration or physical, chemical or infectious dharacWbiics, may muse or pose a present or poin IW hazard to
human health or the environment when hhpropedy used, treated. aired, disposed of. generated, merkdoclured.
transported or otherwise handled. The words 'Hazardous aSubetaroW are used in their very broadest sense and
Include without 11mitation arty and all hazardous or toxic substances, materials or waste as de&rod by or listed under the
Envoonmertal Laws. The term 'Hazardous Substances- also hcludes, without limitation. petroleum and petroleum
by-products or any fraction thereof and asbestos.
tmprovernerts. The word 'Improvements' means all existing and future Inprovenrents, buildings, structures, mobile
tomes affixed on the Real Property, facilities, additions, replacernents and other construction an the Real Property.
Indebtedness. The word 'Indebtedness' means all pdr4i 1, Interest, and other anoun% costs and expenses payable
under the (tote or Related Documents, together with all renewals of, extensions of, modilloafto of, conooldatoms of
and substitullons for the Mote or Related Documents and any amoxrns expended or advanced by Lender to tin Aarge
Grantors obligations or expenses incurred by tender to enforce Grantor's oblations under this Mortgage, together with
Interest on such amounts as provided in this Mortgage.
Lender. The word 'Lender means Wd Penn Bank. its successors and assigns.
Mortgage. The word Wortgage' means this Mortgage between Grantor and Lender.
Now The word 'Note' means the promissory note dated Jere 17, 2006, in the original principal amount of
$420,000.00 from Grantor to Lender, together with au renewals of. exiEnftw of. modifications of, retinanchps of.
consolidations of. and substitutions for the promissory note or agreement. The makxlty date of the Note is June 17,
200. NOTICE TO GRANTOR: THE NOTE CONTAINS A VAISA6LE INTEREST RATE.
Personal Property. The words 'Personal Property' mean all equipmerht, fixtures. and other articles of personal property
now or hereafter owned by Grantor. end now or hereafter attached or affixed to the Real Property; together with all
aacessiorm parts, and addWDm to, all replacements of, and alt substitutions for, any of such property. and together with
aft proceeds (inducting without fnnitation alt insurance proceeds and refunds of prom ms) from arty sale or other
ftposltbn of the Property.
Property. The word 'Property' me; nos collectively the Real Property and the Personal Property.
Rear Property. The words 'Real Property' mean the real prop", koests and rights, as further described In phis
??ga9e•
Related Docurnertts. The words 'Related Documents' mean all promissory notes, credit agreements, ban agreements,
environmental agreements, guaranties. security agreements, mortgages. deeds of first, security deeds, collateral
mortgages, and ant other instruments, agreements and documents, whether now or hereafter existing, executed in
connection with the Indebtedness.
Rents. The word 'Rents' means all present and future rents, revenues, Income. Issues, royalties, profits, and other
aefile
Am &sum
aNOIA ?IMpN
tpi .i! WM
L]
MORTGAGE
(Continued)
Page 10
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES
TO ITS TERMS.
THIS MORTGAGE LS GIVEN UNDER SEAL AND R IS WTENpED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE
AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
GRANTOR:
WSW ENTERPRISES, LLC
Seel)
By of WSW Enterprises,
A. ? -Jr, of WSW «Enterprises, LLC
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, Mid Perot Bank, herein is as follows:
Camp HIII Office, 2101 Market Street, Camp Hill, PA 17011
Attorney or Agent for Mortgagee
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA ) t . 7$ i'•'x,
)SS
COUNTY OF ???"? •' ''? ?`R ) n .? fi T
pr
iti.c.? T• `? .CJ
tOn this. the • ,? day of --. ;" 20 0 T before me
, .
16-VL One undersigned Notary PuW petsandy appeared Wandy S. Watts, Umviber,
Stanley A. atts, Jr., Mernber of WSW Enterprlass, LLC, who aclanowiedged tharnsehres b be the members of
designated agents of WSW Enterprises, LLC, a Limited Liabiity . and that they as such members or designated
agents. being at&4fted to do so, executed the foregoing irnstnsnent for
of the Limited Liability Company by therms &w as members or a ?
In witness whereof, l hereunto hand ofticlei seal lemm
di
!gl!
Public in
0
LAMMPm LAN&% Y' a a9amm CWL NA" N-W M"W. LL aw. mm mnoft lrrwd - 0% ?3AIRMa K MI-M r11
Watts 770 S West St
Tax Parcel #04-22-0483-127A
ALL THAT CERTAIN tract of land with improvements thereon erected situate in the Borough
of Carlisle, Cumberland County, Pennsylvania, more particularly described as follows:
BEGINNING at an iron pipe on the west side of South West Street, which point is at the
northeast comer of lands now or formerly of the Elwood Company, Inc. and leased to Mobil Oil
Corporation; thence along said lands now or formerly leased to Mobil Oil Corporation, North 79
degrees 11 minutes West, a distance of 200 feet to an iron pipe on the east side of Penrose Place
(a 60 foot wide street); thence along the east side of Penrose Place, North 10 degrees 53 minutes
East, a distance of 127.84 feet to a point; thence by the same, by a curve to the right having a
radius of 123 feet, a distance of 7.91 feet to a point at the southwest corner of other lands now or
formerly of the Elwood Company, Inc.; thence along said other lands now or formerly of the
Elwood Company,_Inc., South 79 degrees 7 minutes East, a distance of 191.70 feet to a point on
the west side of South West Street; thence along the west side of South West Street, by a curve to
the right having a radius of 468 feet, a distance of 86.91 feet to a point; thence by the same,
South 10 degrees 53 minutes West, a distance of 49.09 feet to an iron pipe, the point and place of
BEGINNING.
CONTAINING 0.62 acres, more or less.
TOGETHER WITH easements and subject to cross easements for driveway purposes at all four
corners of the herein described tract of land as shown on survey of D.P. Raffensperger dated
October 31, , revised January 30, 1967.
SUBJECT, FURTHER, NEVERTHELESS, to all easements and building and use conditions and
restrictions, visible and/or of record, and covenants contained in prior deeds and leases of record,
including but not limited to the following:
1. The herein described premises shall not be developed or used, in whole or in part,
for the retail sale of automotive fuel.
HAVING THEREON erected a one-story brick building known and numbered as 770 South
West Street, Carlisle, Pennsylvania.
BEING all of Lot No. 5 described in Subdivision Plan of the Elwood Company, Inc., dated April
23, 1969, and recorded in Cumberland County Plan Book 24 at Page 24.
BEING THE SAME PREMISES WHICH Donald Kurtz and Julie Kurtz, husband and wife, by
their Deed dated June 17, 2008 and intended to be recorded in the Office of the Recorder of
Deeds'of Cumberland County, Pennsylvania, transferred and conveyed unto WSW Enterprises,
LLC, a PA Limited Liability Company.
Exhibit "A"
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200820377
Recorded On 6/17/2008 At 2:32:05 PM
* Instrument Type - MORTGAGE
Invoice Number - 23210 User ID - AF
* Mortgagor - WSW ENTERPRISES LLC
* Mortgagee - MID PENN BANK
* Customer - NICHOLAS
* FEES
STATE WRIT TAR $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $25.50
RECORDER OF DEEDS
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $52.50
E
* Total Pages -12
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
AA vl-
RECORDER O D DS
ran
r - Information denoted by as asterisk may cbaage during
the verification process and may not be reflected on this page.
wMO
1111111111111
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
?Jody S Smith
Chief Deputy _ 20 2 FErv 16 AM 10: 27
Richard W Stewart Solicitor ??? IBEr"i?.A?dD COUNTY
'E-HNSYLVANIA
Mid Penn Bank
vs. Case Number
WSW Enterprises, LI_C 2012-829
SHERIFF'S RETURN OF SERVICE
02/13/2012 10:47 AM - William Cline, Corporal, who being duly sworn according to law, states that on February 13,
2012 at 1047 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: WSW Enterprises, LLC, by making known unto Wendy Watts, Owner of
WSW Enterprises, LLC at 770 W. South Street, Carlisle, Cumberland County, Pennsylvania 17013 its
contents and at the same time handing to her personally the said true and correct copy of the same.
WILL AM CLINE, DEPUTY
SHERIFF COST: $34.45
February 14, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
Darrell C. Dethlefs, Esquire
ID #58805
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone - (717) 975-9446
Fax - (717) 975-2309
THE PROT i
2012 MAR 22 P11 I,: 1 to
CUMBERLAND CDi.N } ?
PENNSYLVANIA
AttomeY for Plaintiff
MID PENN BANK,
Plaintiff,
V.
WSW ENTERPRISES, LLC,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
-LAW
CIVIL ACTION{
No.: 2012-9'W-CIVIL
: MORTGAGE FORECLOSURE
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA:
Please enter judgment in favor of the Plaintiff, Mid Penn Bank, and against the
Defendant, WSW Enterprises, LLC, for failure to answer or otherwise plead in the above
captioned matter within twenty (20) days of the date of service of the Complaint and
enter judgment in rem for:
Principle Balance: $386,541.46
Interest (through 1-24-12): $1,095.20
Title Report $75.00
Court Costs $203.75
Late Charges: $227.98
Total:
$388,143.39
$388,143.39 with interest, accruing at?/o, plus the costs of suit. The undersigned
certifies that a written Notice of intention to file a Praecipe for Judgment was mailed to
the Defendant on March 6, 2012 and copy of said Notice is attached hereto.
Dethlefs-Pyko h aw Group, LLC
Date: By:
Darrel . ethlefs, Esquire
ID# 58805
iG -sz'Rd- 44f
?;23/3
a ?? goo
MID PENN BANK,
Plaintiff,
V.
WSW ENTERPRISES, LLC,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION - LAW
No..
MORTGAGE FORECLOSURE
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
UNDER PA RCP RULE 237.5
IMPORTANT NOTICE
TO: WSW ENTERPRISES, LLC
770 SOUTH WEST STREET
CARLISLE, PA 17013
Defendant
DATE OF NOTICE: ?. 2 01 2
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR
DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT
WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD
TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION
ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
Dethlef -Pyk sh Law Group, LLC
Darrel C. Dethlefs, Esquire
2132 Market Street
Camp Hill, PA 17011
(717) 975-9446
MID PENN BANK,
Plaintiff,
V.
WSW ENTERPRISES, LLC,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION - LAW
No..
MORTGAGE FORECLOSURE
AVISO IMPORTANTE
A: WSW ENTERPRISES, LLC
770 SOUTH WEST STREET
CARLISLE, PA 17013
Defendido
FECHA DEL AVISO:
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARECENCIA
ESCRITA POR SI MISMO 0 A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS
DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A
MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA
CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA
VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED
NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA
PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA
OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN
SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-245arrel iDethlefs, h Group, LLC
Esquire
2132 Market Street
Camp Hill, PA 17011
(717) 975-9446
Attorney for Plaintiff
------- - 4f icing
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MID PENN BANK, : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -LAW
WSW ENTERPRISES, LLC, : No.: 2012-M- -CIVIL
Defendant : MORTGAGE FORECLOSURE
TO: WSW Enterprises, LLC
770 South West Street
Carlisle, PA 17013
You are hereby notified that on March 22, 2012, the following Judgment has been
entered against you in the above-captioned case.
Default in rem Judgment in the amount o 388, .3 interest, ruing at S%,
plus the costs of suit.
DATE: 2 as • /? dpp r onotary
I hereby certify that the name and address of the proper
person(s) to receive this notice is: WSW Enterprises, LLC, 770 South West Street,
Carlisle, PA 17013.
A: WSW Enterprises, LLC
770 South West Street
Carlisle, PA 17013
Por este medio se le esta notificando que el March 22, 2012, el/la siguiente
Fallo ha sido anotado en contra suya en el caso mencionado en el epigrafe.
Default in rem Judgment in the amount of $388,143.39 with interest, accruing at
plus the costs of suit.
FECHA:
Protonotario
Certifico que la siguiente direccion es la del defendido/a
segun indicada en el certificado de residencia: WSW Enterprises, LLC, 770 South West
Street, Carlisle, PA 17013.
Abogado del Demand ante
Dethlefs-P osh Law Group, LLC
Date: " ?- By:
D e . Dethlefs, Esquire (#58805)
Darrell C. Dethlefs, Esquire
I.D.#58805
DETHLEFS-PYKOSH LAW GROUP, LLC `' _ i;'" { { r 4
2132 Market Street
!bL f ^! f tl 1...
Camp Hill, PA 17011 L iq ,
,i? d41fr (??l It lr/??l?9 .a
Telephone: (717) 975-9446 (. U U
Fax: (717) 975-2309 1
E-mail: ddethlefsAaol.com
MID PENN BANK, IN THE COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
WSW ENTERPRISES, LLC No.: 2012-829-CIVIL
Defendant, MORTGAGE FORECLOSURE
JUDGMENT ENTERED
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1
I hereby certify that I have sent copies of the Notice of Sheriff Sale of Real
Property to the Defendant certified and regular United States mail and all lien holders or
judgment holders of record as required by Pa. R.C.P. by first class United States mail,
postage pre-paid, on the date set forth below. (See att receipts for list of all those
served).
-t?i-1Z
Date: b4
Darrell C. Dethlefs, Esq.
Attorney for Plaintiff
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MID PENN BANK, IN THE COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
WSW ENTERPRISES, LLC No.: 2012-829-CIVIL nr'
Defendant, MORTGAGE FORECLOSURE
JUDGMENT ENTERED
r-
PRAECIPE FOR WRIT OF EXECUTION
MORTGAGE FORECLOSURE - Pa. R.C.P. 3180-3183
? -1.
_
.
Z ;
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To the Prothonotary:
The undersigned hereby certifies that the below does not arise out of a retail installment
sale, contract or account based on a confession of judgment, but if it does, it is based
on the appropriate original proceeding filed pursuant to Act 7 of 1966, as amended; and
for real property pursuant to Act 6 of 1974, as amended.
Kindly issue a writ of execution in the above matter to the Sheriff of Cumberland
County, to satisfy the debt, interest and costs due to Plaintiff, Mid Penn Bank, from
Defendant, WSW Enterprises, kindly issue a writ of execution in the above captioned
case.
Instruct the Sheriff to levy upon the following described property of the Defendant, WSW
Enterprises, LLC
All that real property situate at 770 South West Street, Carlisle, Cumberland County,
Pennsylvania 17013. Tax Parcel ID # 04-22-0483-127A
Legal Description:
All that certain tract of land with improvements thereon erected situate in the Borough of
Carlisle, Cumberland County, Pennsylvania, more particularly described as follows:
BEGINNING at an iron pipe on the west side of South West Street, which point is at the
northeast corner of lands now or formerly of the Elwood Company, Inc., and leased to
Mobil Oil Corporation; thence along said lands now or formerly leased to Mobil Oil
Corporation, North 79 degrees 11 minutes West, a distance of 200 feet to an iron pipe
on the east side of Penrose Place (a 60 foot wide street); thence along the east side of
Penrose Place, North 10 degrees 53 minutes East, a distance of 127.84 feet to a point;
thence by the same, by a curve to the right having a radius of 123 feet, a distance of
7.91 feet to a point at the southwest corner of other lands now or formerly of the Elwood
Company, Inc., South 79 degrees 7 minutes East, a distance of 191.70 feet to a point
on the west side of South West Street; thence along the west side of South West Street,
-1? .s.z, _ ?- as- X)Ue c". 42 -0 /--) (' 7"!'
"49,3. `7 s • . ,sZ -7
(? 7?-
by a curve to the right having a radius of 468 feet, a distance of 86.91 feet to a point;
thence by the same, South 10 degree 53 minutes West, a distance of 49.09 feet to an
iron pipe, the point and place of BEGINNING.
Containing 0.062 acres, more or less.
Together with easements and subject to cross easements for driveway purposes at all
four corners of the herein described tract of land as shown on a survey of D.P.
Raffensperger dated October 31, 1966, revised January 30, 1967.
SUBJECT, FURTHER, NEVERTHELESS, to all easements and building and use
conditions and restrictions, visible and/or of record, and covenants contained in prior
deeds and leases of record, including but not limited to the following:
1. The herein described premises shall not be developed or used, in whole or part,
for the retail sale of automotive fuel.
Having thereon erected a one-story brick building known and numbered as 770 South
West Street, Carlisle, Pennsylvania.
BEING all of Lot No. 5 describing in Subdivision Plan of the Elwood Company, Inc.,
dated April 23, 1969, and recorded in Cumberland County Plan Book 24 at Page 24.
Being the same premises which Donald Kurtz and Julie Kurtz, husband and wife, by
their Deed dated June 17, 2008 transferred and conveyed to WSW Enterprises, LLC, a
Pennsylvania Limited Liability Company.
Amount Due:
Principal Balance: $386,541.46
Interest (through 1-24-12): $1,095.20
Title Report: $75.00
Court Costs: $203.75
Late Charges: $227.98
Total:
$388,143.39
Interest: $45.63 per day from January 25, 2012 through date of
satisfaction
Costs: $TBD - Costs of Judgment & Sale to be added
Respectfully b ' ed,
DATE. , 2G I1 BY:
Darre . Dethlefs, Esquire
ID# 58805
MID PENN BANK, :
Plaintiff,
V.
WSW ENTERPRISES, LLC
Defendant,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No.: 2012-829-CIVIL
MORTGAGE FORECLOSURE
JUDGMENT ENTERED
CERTIFICATE OF SERVICE
I hereby certify that on the date noted below that a copy of the foregoing
Praecipe, were hereby served by depositing the same within the custody of the United
States Postal Service, First Class, postage prepaid addressed as follows:
WSW Enterprises, LLC
770 South West Street
Carlisle, Pennsylvania 17013
WSW Enterprises, LLC
c/o Robert Chernicoff, Esquire
P.O. Box 60457
Harrisburg, Pennsylvania 17106
Respectf I itted:
Date: ,
Darrell C. ethlefs, Esquire
ID# 58805
2132 Market Street
Camp Hill, Pennsylvania 17011
717-975-9446
Attorney for Plaintiff
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 12-829 Civil
CIVIL ACTION -- LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Mid Penn Bank Plaintiff (s)
From WSW Enterprises, LLC
(I) You are directed to levy upon the property of the defendant (s)and to sell see legal description .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $388,143.39
L.L. $.50
Interest $45.63 per day from January 25, 2012 through date of satisfaction
Atty's Comm %
Atty Paid $185.70
Plaintiff Paid
Date: 6/1/2012
(Seal)
REQUESTING PARTY:
Name : Darrell C. Dethlefs, Esq.
Address: 2132 Market St.
Camp Hill, PA 17011-4706
Attorney for: PLAINTIFF
Telephone: 717-975-9446
Supreme Court ID No. 58805
Due Prothy $2.25
Other Costs Costs of Judgmett & sale to be
added
Jt il ?Gt G Y?
David D. Buell, Prothonotary
Qty--?????
Deputy
..fir+tl.?; I+
g?? l t F?LP
a?
Darrell C. Dethlefs Esquire
I D # 58805
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone - (717) 975-9446
Fax - (717) 975-2309
ddethlefs(&-aol.com Attorney for Plaintiff
MID PENN BANK, IN THE COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
WSW ENTERPRISES, LLC No.: 2012-829-CIVIL
Defendant, MORTGAGE FORECLOSURE
JUDGMENT ENTERED
AFFIDAVIT PURSUANT TO Pa. R.C.P. 3129.1
Mid Penn Bank, Plaintiff in the above captioned action, by and through its attorneys, the
Dethlefs-Pykosh Law Group, LLC, set forth, as of the date of the Praecipe for the Writ
of Execution was filed the following information concerning the real property located at,
770 South West Street, Carlisle, Cumberland County, Pennsylvania 17013.
1. Name and Address of Owner(s) or reputed Owner(s)
WSW Enterprises, LLC
770 South West Street
Carlisle, Pennsylvania 17013
2. Name and address of Defendants in the Judgment
WSW Enterprises, LLC
770 South West Street
Carlisle, Pennsylvania 17013
3. Name and last known address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
Mid Penn Bank
349 Union Street
Millersburg, Pennsylvania 17061
Donald Kurtz and Julie Kurtz
375 Sherwood Drive
Carlisle, Pennsylvania 17013
4. Name and address of last recorded holder of every mortgage of record:
Name: Mid Penn Bank
349 Union Street
Millersburg, Pennsylvania 17061
Donald Kurtz and Julie Kurtz
375 Sherwood Drive
Carlisle, Pennsylvania 17013
5. Name and address of every other person who has any record lien on the property
NONE
6. Name and address of every other person who has any record interest in the property
and whose interest may be affected by the sale.
NONE
7. Name and address of every other person of whom the plaintiff has knowledge who
has any interest in the property which may be affected by the sale.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF PUBLIC WELFARE
PO Box 2675
Harrisburg, PA 17105
DOMESTIC RELATIONS OF
CUMBERLAND COUNTY
P.O. Box 320
Carlisle, PA 17013
TENANT/OCCUPANT
770 South West Street
Carlisle, PA 17013
INTERNAL REVENUE SERVICE
1000 Liberty Avenue
Pittsburgh, PA 15222
COMMONWEATH OF
PENNSYLVANIA, BUREAU OF
INDIVIDUAL TAX, INHERITANCE
TAX DIVISION
6T" Floor, Strawberry Sq.
Dept. 28061
Harrisburg, PA 17128
2
DEPARTMENT OF PUBLIC WELFARE
WELFARE TPL CASUALTY UNIT
ESTATE RECOVERY PROGRAM
PO Box 8486, Willow Oak Building
Harrisburg, PA 17105
BOROUGH OF CARLISLE
53 West South Street
Carlisle, PA 17013
AAW DISTRIBUTOR, LLC
770 South West Street
Carlisle, Pennsylvania 17013
STANLEY A. WATTS
6335 Oxford Road,
Gardners, Pennsylvania 17324
WENDY S. WATTS
6335 Oxford Road,
Gardners, Pennsylvania 17324
UNITED STATES OF AMERICA
U.S. DEPARTMENT OF JUSTICE
U.S. Attorney, Federal Building
228 Walnut Street
P.O. Box 11754
Harrisburg, PA 17108-1754
CUNNINGHAM & CHERNICOFF, P.C.
2320 North 2nd Street
Harrisburg, PA 17110
CUMBERLAND COUNTY
TAX CLAIM BUREAU
1 Courthouse Square, Room 106
Carlisle, PA 17013
INTERNAL REVENUE SERVICE
TECHNICAL SUPPORT GROUP
ADVISORY GROUP, 3
William Green Federal Building
600 Arch Street, Room 3259
Philadelphia, PA 19106
DEPARTMENT OF REVENUE
BUREAU OF CORPORATION TAXES
P.O. Box 280427
Harrisburg, PA 17128-0407
ATTORNEY GENERAL OF U.S.
U.S. Dept. of Justice, Rm 511
Main Justice Bldg.
10th & Constitution Avenue, N.W.
Washington DC 20531
CUMBERLAND COUNTY
ADULT PROBATION
One Courthouse Square
Carlisle, PA 17013
I verify that the statements made in this affidavit are true and correct to the best
of my personal knowledge or information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn
falsification to authorities.
Respe _ ull Submitted:
Date: Ui -l- ? zo (Z
Darrel9-C. Dethlefs, Esquire
ID 58805
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone: (717) 975-9446
Attorney for Plaintiff
3
Darrell C. Dethlefs Esquire ! 2' 53`'
I D # 58805
Dethlefs-Pykosh Law Group, LLC s°
2132 Market Street P??? Lr???'Ct???? ?
Camp Hill, Pennsylvania 17011 ?I??Y_dA1d"?
Telephone - (717) 975-9446
Fax - (717) 975-2309
ddethlefs@aol.com Attorney for Plaintiff
MID PENN BANK, IN THE COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
WSW ENTERPRISES, LLC No.: 2012-829-CIVIL
Defendant, MORTGAGE FORECLOSURE
JUDGMENT ENTERED
AFFIDAVIT PURSUANT TO RULE 3129.1
AND RETURN OF SERVICE PURSUANT TO
Pa. R.C.P. 403 OF NOTICE OF SALE
Plaintiff in the above action set forth as the date of the Praecipe for the Writ of
Execution was filed the following information concerning the real property located at:
770 South West Street, Carlisle, Cumberland County, Pennsylvania 17013.
As required by Pa. R.C.P. 3129.2(c) Notice of Sale/Owners Rights and Writ of
execution has been given to each of the persons or parties named, at the address set
forth on the attached Affidavit Pursuant to Pa. R.C.P. 3129.1 on the date indicated.
Date: -A, 1, 2 G ( Z
Darrell C. Dethlefs, Esq.
Attorney for Plaintiff
Darrell C. Dethlefs, Esquire - ° ra +
LD.#58805
DETHLEFS-PYKOSH LAW GROUP, LLC
2132 Market Street
PM12:53
Camp Hill, PA 17011
Telephone: (717) 975-9446 r• , . n
Fax: (717)975-23091 itt? t?tU LG Ir': i
ENNSY!-VA -t
E-mail: ddethlefs?c%aoLcom
MID PENN BANK, IN THE COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
V.
WSW ENTERPRISES, LLC
Defendant,
CIVIL ACTION - LAW
No.: 2012-829-CIVIL
MORTGAGE FORECLOSURE
JUDGMENT ENTERED
Notice of Sheriffs Sale of Real Property
To:
OWNER:
PLAINTIFF/SELLER:
DEFENDANT:
PROPERTY:
CUMBERLAND C.C.P. NO.:
ALL PARTIES IN INTEREST AND CLAIMANTS
WSW Enterprises, LLC
MID PENN BANK
WSW Enterprises, LLC
770 South West Street, Carlisle, Cumberland
County, Pennsylvania 17013
2012-829-CIVIL
The above captioned property is scheduled to be sold at Sheriff's Sale on
September 5, 2012 at 10:00 am in the Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania 17013. You may hold a judgment on the
property which may be extinguished by the sale. You may wish to attend the Sheriff's
Sale to protect your interest.
A schedule of distribution will be filed by the Sheriff on a date specified by the
Sheriff not later than 30 days after sale. Distribution will be made in accordance with
the schedule unless exceptions are filed thereto within 1 ays after the filing of the
schedule.
E
Date: 2c) -Z
Darrell ethlefs, Esquire
Attorney for Plaintiff
?J i
Darrell C. Dethlefs Esquire 13 ?` I
ID #58805
Dethlefs-Pykosh Law Group, LLC ; ' i ?'•'' - P 1" u
2132 Market Street
Camp Hill, Pennsylvania 17011 CUI~Lt?u Ulil;.j ! '
Telephone - (717) 975-9446
Fax - (717) 975-2309
ddethlefsCa-)aol.com Attorney for Plaintiff
MID PENN BANK, IN THE COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
WSW ENTERPRISES, LLC No.: 2012-829-CIVIL
Defendant, MORTGAGE FORECLOSURE
JUDGMENT ENTERED
CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY
AS TO THE SALE OF REAL ESTATE
I certify that I am the Attorney for the Plaintiffs in this Mortgage Foreclosure
Action and further certify that this Property is
() FHA
(X)
Tenant Occupied
Vacant
Commercial
As result of Complaint in Assumpsit
Act 91 complied with (see attached)
Date: Jet k c la k Z
Darrel C. Dethlefs, Esq.
Attorney for Plaintiff
MID PENN BANK, IN THE COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
WSW ENTERPRISES, LLC No.: 2012-829-CIVIL
Defendant, MORTGAGE FORECLOSURE
JUDGMENT ENTERED
To:
WSW Enterprises, LLC
770 South West Street
Carlisle, Pennsylvania 17013
TAKE NOTICE: -1. I-D
M
That the Sheriff's Sale of Real Property (real estate) will be held: -0
=`4
Date: September 5, 2012 v e
Time: 10:00 am Eastern Time
LOCATION: Cumberland County Courthouse
Office of the Sheriff
One Courthouse Square
Carlisle, Pennsylvania 17013
The real estate at 770 South West Street, Carlisle, Cumberland County,
Pennsylvania 17013, is scheduled to be sold at the Sheriff's sale on September 5,
2012 at 10:00 am at the Cumberland County Courthouse, to enforce the court
judgment in the original principal amount of $$386,541.46 plus interest at the per
diem rate of $45.63 from January 25, 2012 until time of sale and costs, obtained by
Mid Penn Bank against you and docketed at 2012-829-CIVIL in the Prothonotary's
Office in and for Cumberland County, Pennsylvania.
In the event the sale is continued, an announcement will be made at said sale in
compliance with Pa.R.C.P. Rule 3129.3.
NOTICE OF OWNERS RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY
THE JUDGMENT
You may have legal rights to prevent your property from being taken away. A lawyer
can advise you more specifically of these rights If you wish to exercise your rights
YOU MUST ACT PROMPTLY.
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be cancelled if you pay to Ross H. Ernest and Linda M. Ernest the
judgment amount, interest, costs and reasonable attorney's fees due. To find out how
much you must pay, you may contact Mid Penn Bank c/o Darrell C. Dethlefs
Esquire, 2132 Market Street, Camp Hill, Pennsylvania 17011 (717) 975-9446.
2. You may be able to stop the sale by filing a petition asking the Court to strike or
open the judgment, if the judgment was improperly entered. You may ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the
greater chance you will have of stopping the sale.
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest
bidder. You may find out the price bid by contacting Mid Penn Bank c/o Darrell C.
Dethlefs, Esquire, 2132 Market Street, Camp Hill, Pennsylvania 17011 (717) 975-
9446.
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of the property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in
the sale. To find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the
owner of the property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to
the Sheriff, and the Sheriff gives a deed to the buyer. At that time, the buyer may bring
legal action to evict you.
6. You may be entitled to a share of the money which was paid for the property. A
schedule of distribution of the money bid for your property will be filed by the Sheriff
within 30 days of the sale. This schedule will state who will be receiving that money.
The money will be paid out in accordance with this schedule unless exceptions are filed
with the Sheriff within 10 days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your property
back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, CONTACT THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN OBTAIN LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: 717-249-3166
Toll Free (in PA): 1-800-990-9108
Notice: This property is sold at the direction of the plaintiff. It may not be sold in the
absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be
postponed or stayed in the event that a representative of the Plaintiff is not present at
the sale.
LEGAL DESCRIPTION OF PROPERTY TO BE SOLD
770 South West Street, Carlisle, Cumberland County Pennsylvania 17013
All that certain tract of land with improvements thereon erected situate in the Borough of
Carlisle, Cumberland County, Pennsylvania, more particularly described as follows:
BEGINNING at an iron pipe on the west side of South West Street, which point is at the
northeast corner of lands now or formerly of the Elwood Company, Inc., and leased to
Mobil Oil Corporation; thence along said lands now or formerly leased to Mobil Oil
Corporation, North 79 degrees 11 minutes West, a distance of 200 feet to an iron pipe
on the east side of Penrose Place (a 60 foot wide street); thence along the east side of
Penrose Place, North 10 degrees 53 minutes East, a distance of 127.84 feet to a point;
thence by the same, by a curve to the right having a radius of 123 feet, a distance of
7.91 feet to a point at the southwest corner of other lands now or formerly of the Elwood
Company, Inc., South 79 degrees 7 minutes East, a distance of 191.70 feet to a point
on the west side of South West Street; thence along the west side of South West Street,
by a curve to the right having a radius of 468 feet, a distance of 86.91 feet to a point;
thence by the same, South 10 degree 53 minutes West, a distance of 49.09 feet to an
iron pipe, the point and place of BEGINNING.
Containing 0.062 acres, more or less.
Together with easements and subject to cross easements for driveway purposes at all
four corners of the herein described tract of land as shown on a survey of D.P.
Raffensperger dated October 31, 1966, revised January 30, 1967.
SUBJECT, FURTHER, NEVERTHELESS, to all easements and building and use
conditions and restrictions, visible and/or of record, and covenants contained in prior
deeds and leases of record, including but not limited to the following:
1. The herein described premises shall not be developed or used, in whole or part,
for the retail sale of automotive fuel.
Having thereon erected a one-story brick building known and numbered as 770 South
West Street, Carlisle, Pennsylvania.
BEING all of Lot No. 5 describing in Subdivision Plan of the Elwood Company, Inc.,
dated April 23, 1969, and recorded in Cumberland County Plan Book 24 at Page 24.
Being the same premises which Donald Kurtz and Julie Kurtz, husband and wife, by
their Deed dated June 17, 2008 and recorded June 17, 2008 at Instrument Number
200820376 in the Office of the Recorder of Deeds in and for Cumberland County,
transferred and conveyed to WSW Enterprises, LLC, a Pennsylvania Limited Liability
Company.
Respe S itted:
Date: u 2 0 z
Darrell C. Dethlefs, Esquire
ID 58805
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone: (717) 975-9446
Attorney for Plaintiff
LEGAL DESCRIPTION OF PROPERTY TO BE SOLD
Sale Number: J f
PPI 12:
Name of Law Firm Representing Plaintiff: Dethlefs-Pykosh Law C?'+? - #
E' 0gSYLI A(jii;? `
Judgment Amount: Amount Due:
Principal Balance: $386,541.46
Interest (through 1-24-12): $1,095.20
Title Report: $75.00
Court Costs: $203.75
Late Charges: $227.98
Total: $388,143.39
Interest: $45.63 per day from January 25, 2012 through date of
satisfaction
Costs: $TBD - Costs of Judgment & Sale to be added
Situate in the Borough of Carlisle, Cumberland County, Pennsylvania
Tax Parcel # (04-22-0483-127A)
Premises Being : 770 South West Street, Carlisle, Cumberland County,
Pennsylvania 17013
Seized and Sold as the property of WSW Enterprises, LLC to satisfy a judgment
obtained by Mid Penn Bank at Cumberland County, Pennsylvania, Court of
Common Pleas Docket Number 2012-829-CIVIL.
Legal Description
All that certain tract of land with improvements thereon erected situate in the
Borough of Carlisle, Cumberland County, Pennsylvania, more particularly
described as follows:
BEGINNING at an iron pipe on the west side of South West Street, which point is
at the northeast corner of lands now or formerly of the Elwood Company, Inc.,
and leased to Mobil Oil Corporation; thence along said lands now or formerly
leased to Mobil Oil Corporation, North 79 degrees 11 minutes West, a distance of
200 feet to an iron pipe on the east side of Penrose Place (a 60 foot wide street);
thence along the east side of Penrose Place, North 10 degrees 53 minutes East, a
distance of 127.84 feet to a point; thence by the same, by a curve to the right
having a radius of 123 feet, a distance of 7.91 feet to a point at the southwest
corner of other lands now or formerly of the Elwood Company, Inc., South 79
degrees 7 minutes East, a distance of 191.70 feet to a point on the west side of
South West Street; thence along the west side of South West Street, by a curve to
the right having a radius of 468 feet, a distance of 86.91 feet to a point; thence by
the same, South 10 degree 53 minutes West, a distance of 49.09 feet to an iron
pipe, the point and place of BEGINNING.
Containing 0.062 acres, more or less.
Together with easements and subject to cross easements for driveway purposes
at all four corners of the herein described tract of land as shown on a survey of
D.P. Raffensperger dated October 31, 1966, revised January 30, 1967.
SUBJECT, FURTHER, NEVERTHELESS, to all easements and building and use
conditions and restrictions, visible and/or of record, and covenants contained in
prior deeds and leases of record, including but not limited to the following:
1. The herein described premises shall not be developed or used, in whole or
part, for the retail sale of automotive fuel.
Having thereon erected a one-story brick building known and numbered as 770
South West Street, Carlisle, Pennsylvania.
BEING all of Lot No. 5 describing in Subdivision Plan of the Elwood Company,
Inc., dated April 23, 1969, and recorded in Cumberland County Plan Book 24 at
Page 24.
Being the same premises which Donald Kurtz and Julie Kurtz, husband and wife,
by their Deed dated June 17, 2008 and recorded June 17, 2008 at Instrument
Number 200820376 in the Office of the Recorder of Deeds in and for Cumberland
County, transferred and conveyed to WSW Enterprises, LLC, a Pennsylvania
Limited Liability Company.
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
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Mid Penn Bank
vs. Case Number
WSW Enterprises, LLC 2012-829
SHERIFF'S RETURN OF SERVICE
06/20/2012 10:16 AM -Deputy Tim Black, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action,
upon the property located at 770 South West Street, Carlisle, PA 17013, Cumberland County.
06/20/2012 10:16 AM -Deputy Tim Black, being duly sworn according to law, served the requested Real Estate Writ,
Notice and Description, in the above titled action, by making known its contents and at the same time
personally handing a true copy to a person representing themselves to be WENDY WATTS, OWNER,
who accepted as "Adult Person in Charge" for WSW Enterprises, LLC at 770 South West Street, Carlisle
Borough, Carlisle, PA 17013, Cumberland County.
09/06/2012 Ronny R. Anderson, Sheriff, being duty sworn according to law, states that after due and legal notice had
been given according to law, he exposed the within described premises at public venue or outcry at the
Cumberland County Courthouse, Carlisle, PA on September 5, 2012 at 10:00 a.m. He sold the same for
the sum of $1.00 to Attorney
Darrel IC. Dethlefs, on behalf of Mid-Penn Bank, being the buyer in this execution, paid to the Sheriff the
sum of $
SHERIFF COST: $1,179.97
November 15, 2012
SO ANSWERS, f,~
RON R ANDERSON, SHERIFF
a. ~ ~.
~~ ~~'ia ~
;c; ~cu^ a° i She; i ~ -.... ;, ~•
f..e +~~!l.tJ-UFi ~~c
~~ ~ 1 JU~d -1 PM 12~ ~?
Ct1A1~ERi.AI~i) COLI~T"
PEtlt~SYLVANIA
Darrell C. Dethlefs Esquire
ID # 58805
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone - (717) 975-9446
Fax - (717) 975-2309
ddethlefs aol.com _ Attorney for Plaintiff
MID PENN BANK, IN THE COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
v.
WSW ENTERPRISES, LLC
Defendant,
CIVIL ACTION -LAW
No.:2012-829-CIVIL
MORTGAGE FORECLOSURE
JUDGMENT ENTERED
AFFIDAVIT PURSUANT TO Pa. R.C.P. 3129.1
Mid Penn Bank, Plaintiff in the above captioned action, by and through its attorneys, the
Dethlefs-Pykosh Law Group, LLC, set forth, as of the date of the Praecipe for the Writ
of Execution was filed the following information concerning the real property located at,
770 South West Street, Carlisle, Cumberland County, Pennsylvania 17013.
1. Name and Address of Owner(s) or reputed Owner(s)
WSW Enterprises, LLC
770 South West Street
Carlisle, Pennsylvania 17013
2. Name and address of Defendants in the Judgment
WSW Enterprises, LLC
770 South West Street
Carlisle, Pennsylvania 17013
3. Name and last known address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
Mid Penn Bank
349 Union Street
Millersburg, Pennsylvania 17061
Donald Kurtz and Julie Kurtz
375 Sherwood Drive
Carlisle, Pennsylvania 17013
4. Name and address of last recorded holder of every mortgage of record:
Name: Mid Penn Bank
349 Union Street
Millersburg, Pennsylvania 17061
Donald Kurtz and Julie Kurtz
375 Sherwood Drive
Carlisle, Pennsylvania 17013
5. Name and address of every other person who has any record lien on the property
NONE
6. Name and address of every other person who has any record interest in the property
and whose interest may be affected by the sale.
NONE
7. Name and address of every other person of whom the plaintiff has knowledge who
has any interest in the property which may be affected by the sale.
COMMONWEALTH OF PENNSYLVANIA DOMESTIC RELATIONS OF
DEPARTMENT OF PUBLIC WELFARE CUMBERLAND COUNTY
PO Box 2675 P.O. Box 320
Harrisburg, PA 17105 Carlisle, PA 17013
TENANT/OCCUPANT COMMONWEATH OF
770 South West Street PENNSYLVANIA, BUREAU OF
Carlisle, PA 17013 INDIVIDUAL TAX, INHERITANCE
TAX DIVISION
INTERNAL REVENUE SERVICE 6T" Floor, Strawberry Sq.
1000 Liberty Avenue Dept. 28061
Pittsburgh, PA 15222 Harrisburg, PA 17128
2
DEPARTMENT OF PUBLIC WELFARE
WELFARE TPL CASUALTY UNIT
ESTATE RECOVERY PROGRAM
PO Box 8486, Willow Oak Building
Harrisburg, PA 17105
BOROUGH OF CARLISLE
53 West South Street
Carlisle, PA 17013
AAW DISTRIBUTOR, LLC
770 South West Street
Carlisle, Pennsylvania 17013
STANLEY A. WATTS
6335 Oxford Road,
Gardners, Pennsylvania 17324
WENDY S. WATTS
6335 Oxford Road,
Gardners, Pennsylvania
CUMBERLAND COUNTY
TAX CLAIM BUREAU
1 Courthouse Square, Room 106
Carlisle, PA 17013
INTERNAL REVENUE SERVICE
TECHNICAL SUPPORT GROUP
ADVISORY GROUP, 3
William Green Federal Building
600 Arch Street, Room 3259
Philadelphia, PA 19106
DEPARTMENT OF REVENUE
BUREAU OF CORPORATION TAXES
P.O. Box 280427
Harrisburg, PA 17128-0407
ATTORNEY GENERAL OF U.S.
U.S. Dept. of Justice, Rm 511
17324 Main Justice Bldg.
10~h & Constitution Avenue, N.W.
Washington DC 20531
UNITED STATES OF AMERICA
U.S. DEPARTMENT OF JUSTICE
U.S. Attorney, Federal Building
228 Walnut Street
P.O. Box 11754
Harrisburg, PA 17108-1754
CUNNINGHAM 8 CHERNICOFF, P.C.
2320 North 2nd Street
Harrisburg, PA 17110
CUMBERLAND COUNTY
ADULT PROBATION
One Courthouse Square
Carlisle, PA 17013
I verify that the statements made in this affidavit are true and correct to the best
of my personal knowledge or information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn
falsification to authorities.
Date: ~ i<~ ~- ~ , L-~'
Respe ull Submitted:
Darr . Dethlefs, Esquire
ID 58805
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone: (717) 975-9446
Attorney for Plaintiff
LEGAL DESCRIPTION OF PROPERTY TO BE SOLD
Sale Number:
Name of Law Firm Representing Plaintiff: Dethlefs-Pykosh Law Group, LLC
Judgment Amount: Amount Due: ~ ~.~
-::
`
Principal Balance: $386,541.46 c-
-~~ ~
~ ,
--;
Interest (through 1-24-12): $1,095.20 ~~ c ~~`'
Title Report: $75.00 ~~ ~
Court Costs: $203.75
r- z
---~: --,
Late Charges: $227.98 ~~ ~ ~;
Total:
$388,143.39
~ ~ `~' ~' ` ~'
:~-'
~
Liz
Interest: $45.63 per day from January 25, 2012 through date of
satisfaction
Costs: $TBD -Costs of Judgment & Sale to be added
Situate in the Borough of Carlisle, Cumberland County, Pennsylvania
Tax Parcel # (04-22-0483-127A)
Premises Being : 770 South West Street, Carlisle, Cumberland County,
Pennsylvania 17013
Seized and Sold as the property of WSW Enterprises, LLC to satisfy a judgment
obtained by Mid Penn Bank at Cumberland County, Pennsylvania, Court of
Common Pleas Docket Number 2012-829-CIVIL.
Legal Description
All that certain tract of land with improvements thereon erected situate in the
Borough of Carlisle, Cumberland County, Pennsylvania, more particularly
described as follows:
BEGINNING at an iron pipe on the west side of South West Street, which point is
at the northeast corner of lands now or formerly of the Elwood Company, Inc.,
and leased to Mobil Oil Corporation; thence along said lands now or formerly
leased to Mobil Oil Corporation, North 79 degrees 11 minutes West, a distance of
200 feet to an iron pipe on the east side of Penrose Place (a 60 foot wide street);
thence along the east side of Penrose Place, North 10 degrees 53 minutes East, a
distance of 127.84 feet to a point; thence by the same, by a curve to the right
having a radius of 123 feet, a distance of 7.91 feet to a point at the southwest
corner of other lands now or formerly of the Elwood Company, Inc., South 79
degrees 7 minutes East, a distance of 191.70 feet to a point on the west side of
South West Street; thence along the west side of South West Street, by a curve to
the right having a radius of 468 feet, a distance of 86.91 feet to a point; thence by
the same, South 10 degree 53 minutes West, a distance of 49.09 feet to an iron
pipe, the point and place of BEGINNING.
Containing 0.062 acres, more or less.
Together with easements and subject to cross easements for driveway purposes
at all four corners of the herein described tract of land as shown on a survey of
D.P. Raffensperger dated October 31, 1966, revised January 30, 1967.
SUBJECT, FURTHER, NEVERTHELESS, to all easements and building and use
conditions and restrictions, visible and/or of record, and covenants contained in
prior deeds and leases of record, including but not limited to the following:
1. The herein described premises shall not be developed or used, in whole or
part, for the retail sale of automotive fuel.
Having thereon erected aone-story brick building known and numbered as 770
South West Street, Carlisle, Pennsylvania.
BEING all of Lot No. 5 describing in Subdivision Plan of the Elwood Company,
Inc., dated April 23, 1969, and recorded in Cumberland County Plan Book 24 at
Page 24.
Being the same premises which Donald Kurtz and Julie Kurtz, husband and wife,
by their Deed dated June 17, 2008 and recorded June 17, 2008 at Instrument
Number 200820376 in the Office of the Recorder of Deeds in and for Cumberland
County, transferred and conveyed to WSW Enterprises, LLC, a Pennsylvania
Limited Liability Company.
Darrell C. Dethlets. Esquire , ~ . ~'~~' ~~~7'~~w~~
I.D.#58805
DETHLEFS-PYKOSH LAW GROUP, LLC ?~(~ J~~ _ ~ ~~ ~~' ~'~
2132 Markct Street
Camp llill, PA 1701 I
~relephone: (717) 975-9446 ~~M~~~~Q~~ ~(~~~'~'`,'
!<~~: (7!7)~~n-23o~ PE~NSYLVANlA
E-mail ddetlilefsrii aoLcom
MID PENN BANK, IN THE COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION -LAW
WSW ENTERPRISES, LLC No.; 2012-829-CIVIL
Defendant, MORTGAGE FORECLOSURE
JUDGMENT ENTERED
Notice of Sheriff s Sale of Real Property
To: ALL PARTIES IN INTEREST AND CLAIMANTS
OWNER: WSW Enterprises, LLC
PLAINTIFFISELLER: MID PENN BANK
DEFENDANT: WSW Enterprises, LLC
PROPERTY: 770 South West Street, Carlisle, Cumberland
County, Pennsylvania 17013
CUMBERLAND C.C.P. NO.; 2012-829-CIVIL
The above captioned property is scheduled to be sold at Sheriff's Sale on
September 5, 2012 at 10:00 am in the Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania 17013. You may hold a judgment on the
property which may be extinguished by the sale. You may wish to attend the Sheriff's
Sale to protect your interest.
A schedule of distribution will be filed by the Sheriff on a date specified by the
Sheriff not later than 30 days after sale. Distribution will be made in accordance with
the schedule unless exceptions are filed thereto within 1 ays after the filing of the
schedule.
Date: --~~ ~ ~ 2G ~ Z _.
Darrell ethlefs, Esquire
Attorney for Plaintiff
r
MID PENN BANK, 1N THE COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
v. :
WSW ENTERPRISES, LLC
'Defendant,
C1VIL ACTION -LAW
No.: 2012-829-CIVIL
MORTGAGE FORECLOSURE
JUDGMENT ENTERED
To:
WSW Enterprises, LLC
770 South West Street
Carlisle, Pennsylvania 17013
TAKE NOTICE:
That the Sheriff's Sale of Real Property (real estate) will be held:
Date: September 5, 2012
Time: 10:00 am Eastern Time
LOCATION: Cumberland County Courthouse
Office of the Sheriff
One Courthouse Square
Carlisle, Pennsylvania 17013
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The real estate at 770 South West Street, Carlisle, Cumberland County,
Pennsylvania 17013, is scheduled to be sold at the Sheriff's sale on September 5,
2012 at 10:00 am at the Cumberland County Courthouse, to enforce the court
judgment in the original principal amount of $$386,541.46 plus interest at the per
diem rate of $45.63 from January 25, 2012 until time of sale and costs, obtained by
Mid Penn Bank against you and docketed at 2012-829-CIVIL in the Prothonotary's
Office in and for Cumberland County, Pennsylvania.
In the event the sale is continued, an announcement will be made at said sale in
compliance with Pa.R.C.P. Rule 3129.3.
NOTICE OF OWNERS RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
THlS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY
iT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
1T MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY
THE JUDGMENT
You may have legal rights to prevent your property from being taken away. A lawyer
can advise you more specifically of these rights. If you wish to exercise your rights,
YOU MUST ACT PROMPTLY.
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be cancelled if you pay to Ross H. Ernest and Linda M. Ernest the
judgment amount, interest, costs and reasonable attorney's fees due. To find out how
much you must pay, you may contact Mid Penn Bank clo Darrell C. Dethlefs,
Esquire, 2132 Market Street, Camp Hill, Pennsylvania 17011 (717) 975-9446.
2. You may be able to stop the sale by filing a petition asking the Court to strike or
open the judgment, if the judgment was improperly entered. You may ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the
greater chance you will have of stopping the sale.
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest
bidder. You may find out the price bid by contacting Mid.. Penn Bank c/o carrell C.
Dethlefs, Esquire, 2132 Market Street, Camp Hill, Pennsylvania 17011 (717) 975-
9446.
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of the property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in
the sale. To find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the
owner of the property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to
the Sheriff, and the Sheriff gives a deed to the buyer. At that time, the buyer may bring
legal action to evict you.
6. You may be entitled to a share of the money which was paid for the property. A
schedule of distribution of the money bid for your property will be filed by the Sheriff
within 30 days of the sale. This schedule will state who will be receiving that money.
The money will be paid out in accordance with this schedule unless exceptions are filed
with the Sheriff within 10 days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your property
back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, CONTACT THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN OBTAIN LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: 717-249-3166
Toll Free (in PA): 1-800-990-9108
Notice: This property is sold at the direction of the plaintiff. It may not be sold in the
absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be
postponed or stayed in the event that a representative of the Plaintiff is not present at
the sale.
LEGAL DESCRIPTION OF PROPERTY TO BE SOLD
770 South West Street, Carlisle, Cumberland County, Pennsylvania 17013
All that certain tract of land with improvements thereon erected situate in the Borough of
Carlisle, Cumberland County, Pennsylvania, more particularly described as fo{lows:
BEGINNING at an iron pipe on the west side of South West Street, which point is at the
northeast corner of lands now or formerly of the Elwood Company, Inc., and leased to
Mobil Oil Corporation; thence along said lands now or formerly leased to Mobil Oil
Corporation, North 79 degrees 11 minutes West, a distance of 200 feet to an iron pipe
on the east side of Penrose Place (a 60 foot wide street); thence along the east side of
Penrose Place, North 10 degrees 53 minutes East, a distance of 127.84 feet to a point;
thence by the same, by a curve to the right having a radius of 123 feet, a distance of
7.91 feet to a point at the southwest corner of other lands now or formerly of the Elwood
Company, Inc., South 79 degrees 7 minutes East, a distance of 191.70 feet to a point
on the west side of South West Street; thence along the west side of South West Street,
by a curve to the right having a radius of 468 feet, a distance of 86.91 feet to a point;
thence by the same, South 10 degree 53 minutes West, a distance of 49.09 feet to an
iron pipe, the point and place of BEGINNING.
Containing 0.062 acres, more or less.
Together with easements and subject to cross easements for driveway purposes at all
four corners of the herein described tract of land as shown on a survey of D.P.
Raffensperger dated October 31, 1966, revised January 30, 1967.
SUBJECT, FURTHER, NEVERTHELESS, to all easements and building and use
conditions and restrictions, visible and/or of record, and covenants contained in prior
deeds and leases of record, including but not limited to the following:
1. The herein described premises shall not be developed or used, in whole or part,
for the retail sale of automotive fuel.
Having thereon erected cone-story brick building known and numbered as 770 South
West Street, Carlisle, Pennsylvania.
BEING al{ of Lot No. 5 describing in Subdivision Plan of the Elwood Company, Inc.,
dated April 23, 1969, and recorded in Cumberland County Plan Book 24 at Page 24.
Being the same premises which Donald Kurtz and Julie Kurtz, husband and wife, by
their Deed dated June 17, 2008 and recorded June 17, 2008 at Instrument Number
200820376 in the Office of the Recorder of Deeds in and for Cumberland County,
transferred and conveyed to WSW Enterprises, LLC, a Pennsylvania Limited Liability
Company.
Date: ~ ~ ~ ~ Z ~' f L
Respe Su fitted:
Darrell C. Dethlefs, Esquire
ID 5$805
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone: (717) 975-9446
Attorney for Plaintiff
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 12-829 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Mid Penn Bank Plaintiff (s)
From WSW Enterprises, LLC
(1) You are directed to levy upon the property of the defendant (s)and to sell see legal description .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $388,143.39 L.L. $.50
Interest $45.63 per day from January 25, 2012 through date of satisfaction
Atty's Comm % Due Prothy $2.25
Atty Paid $185.70 Other Costs Costs of JudgmerK'F& sale to be
added
Plaintiff Paid
Date: 6/1 /2012
(Seal)
REQUESTING PARTY:
Name : Darrell C. Dethlefs, Esq.
Address: 2132 Market St.
Camp Hill, PA 17011-4706
Attorney for: PLAINTIFF
Telephone: 717-975-9446
Supreme Court ID No. 58805
~ttll~l~c.~^~~Lll~~
David D. Buell, Prothonotary
By:
Depu
TRUE COPY FROM RECORD
In Testimony whereof, 1 here unto set my hand
and the seal of said Court at Carlisle, Pa.
This _.,.L. day of L~, 20 ~`7
Prothonotary
On June 4, 2012 the Sheriff levied upon the defendant's
interest in the rea( property situated in Borough of
Carlisle, Cumberland County,.. PA, known and numbered
770 South Uvest Street, Carlisle, .more fu(!y described on
Exhibit "A" filed with this wait and by this re~Ference
incorporated herein.
Date: June 4, 2012
ay: C 0. nom. ~~e~JL~ 4.~
Claudia Brewbaker, Rea! Estate Coordinator
CUMBERLAND LAW JOURNAL
Writ No. zOls-S~9 Civil Term
Mid Penn Bank
vs.
WSW Enterprises, LLC
Atty.: Darrel C. Dethlefs
All that certain tract of land
with improvements thereon erected
situate in the Borough of Carlisle,
Cumberland County, Pennsylvania,
more particularly described as fol-
lows: BEGINNING at an iron pipe on
the west side of South West Street,
which point is at the northeast cor-
ner of lands now or formerly of the
Elwood Company, Inc., and leased to
Mobil Oil Corporation; thence along
said lands now or formerly leased
to Mobil Oil Corporation, North 79
degrees 11 minutes West, a distance
of 200 feet to an iron pipe on the east
side of Penrose Place (a 60 foot wide
street); thence along the east side of
Penrose Place, North 10 degrees 53
minutes East, a distance of 127.84
feet to a point; thence by the same, by
a curve to the right having a radius of
123 feet, a distance of 7.91 feet to a
point at the southwest corner of other
lands now or formerly of the Elwood
Company, Inc., South 79 degrees 7
minutes East, a distance of 191.70
feet to a point on the west side of
South West Street; thence along the
west side of South West Street, by
a curve to the right having a radius
of 468 feet, a distance of 86.91 feet
to a point;
thence by the same, South 10
degree 53 minutes West, a distance
of 49.09 feet to an iron pipe, the point
and place of BEGINNING.
Containing 0.062 acres, more
or less.
Together with easements and sub-
ject to cross easements for driveway
purposes at all four corners of the
herein described tract of land as
shown on a survey of D.P. Raffen-
sperger dated October 31, 1966,
revised January 30,1967.
SUBJECT, FURTHER, NEVER-
THELESS, to ail easements and
113
building and use conditions and
restrictions, visible and/or of record,
and covenants contained in prior
deeds and leases of record, including
but not limited to the following:
i. The herein described premises
shall not be developed or used, in
whole or part, for the retail sale of
automotive fuel.
Having thereon erected aone-
story brick building known and
numbered as 770 South West Street,
Carlisle, Pennsylvania.
BEING all of Lot N0.5 describing
in Subdivision Plan of the Elwood
Company, Inc., dated Apri123, 1969,
and recorded in Cumberland County
Plan Book 24 at Page 24.
Being the same premises which
Donald Kurtz and Julie Kurtz, hus-
band and wife, by their Deed dated
June 17, 2008 and recorded June
17, 2008 at Instrument Number
200820376 in the Office of the
Recorder of Deeds in and for Cum-
berland County, transferred and
conveyed to WSW Enterprises, LLC,
a Pennsylvania Limited Liability
Company.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
July 27, August 3, and August 10, 2012
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
r
'sa Marie Coyne, Edit
SWORN TO AND SUBSCRIBED before me this
day of August, 2012
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2014
~- The Patriot-News Co.
2020 Teiirhnology~Plcwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
c'~l~e ~la~iot-1~ews
Now you know
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Holly Blain, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
07/27112
08103/12
08/10112
~.,,.a,r , ,..,,,~
COMMONWEALTH OF PENNSYLVANIA
Notaflal Seal '`"""'i
Sherrie 1. Owens, Notary vu3~iie i
Lower Paxton Twp,, ~7auphin County
MY Commission ire5 Nov. 26, 2015
MEMBER, PFNNSYLVANIq ASSpCrA7~ON Or NOTARd€S
2012.829 Clvll Term
Mld Penn Bank
Vs
WSW Enterprises, LLC
Arty: Darrel C. De~hlefs
All that certain tract of land with '
improvements thereon erected situate in
the Borough of
Carlisle, Cumberland County,
Pennsylvania, more particularly described
as follows:
BEGINNING at an iron pipe on the west
side of South West Street, which point is
at the
northeast corner of lands now or formerly
of the Elwood Company, Inc., and leased to
Mobil Oil Corporation; thence along said
lands navr or formerly leased to Mobil Oil
Corpotati~, North 79 degrees 11 minutes
West, a distance of 200 feet to an 'von pipe
on the east side of Penrose Place (a 60 foot
wide street); thence along the east side of
Penrose Place, North 10 degees 53
minutes East, a distance of 127.84 feet to
a point;
thence by the same, by a curve to the right
having a radius of 123 feet, a distance of
7.91 feet to a point at the southwest corner
of other lands now or forp~erly of the
Elwood
Company, Inc., South 79 degees 7 minutes
East, a distance of 191.70 feet to a point
on the west side of South West Street;
thence along the west side of South West
Street,
by a verve to the right having a radius of
468 feet, a distance of 86.91 feet to a point;
thence hY the same, South 10 degee 53
minutes West, a distance of 49.09 feet to an
iron pipe, the point and place of
BEGINNING.
Containing 0.062 acres, more or less.
Together with easements and subject to
cross easements for driveway purposes
at all
four comers of the herein described tract of
land as shown on a survey of D.P.
Itaffensperger dated October 31,1966,
revised January 30,1967.
SUBJECT; FUR'T'HER,
NEVEI2TI-IELESS, to all easements and
building and use
conditions and restrictions, visible and/or of
record, and covenants rai.ea:- -.'or
deeds and leases of record, including but
not limited to the following:
1. The herein descrbed rremises shall not
be developed or used, in ,vhale or part,
for the retail sale of automotive fuel.
Having thereon erected none-story brick
building known and numbered as 770 South
West Street, Cazlisle, Pennsylvania.
BEING all of Lot N0.5 describing in
Subdivision Plan of the Elwood Company,
Inc.,
dated April 23,1969, and recorded in
Cumberland County Plan Book 24 at Page
24.
Being the same premises which Donald
Kurtz and Julie Kurtz, husband and wife, by
their Deed dated June 17, 2008 and
recorded June 17, 2008 at Instrument
Number
200820376 in the Office of the Recorder of
Deeds in and for Cumberland County,
transferred and conveyed to WSW
Enterprises, LLC, a Pennsylvania Limited
Liability Company.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
} SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff s Deed in which Mid Penn Bank is the grantee the same having been sold to said grantee on
the 5th day of Sevtember A.D., 2012, under and by virtue of a writ Execution issued on the 1st day of
~, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 829,
at the suit of Mid Penn Bank against WSW Enterprises LLC is duly recorded as Instrument Number
201235445.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this day of
L G .3
r a r 9,7? F 'j LI 7
L'
L_ Z) A
Darrell C. Dethlefs, Esquire
ID # 58805
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone - (717) 975-9446
Fax - (717) 975-2309
DDethlefs i ,aolxom Attorney for Plaintiff
MID PENN BANK : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION -LAW
: (MORTGAGE FORECLOSURE)
WSW ENTERPRISES, LLC, : No.: 12-829
_ Defendant : JUDGMENT ENTERED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by an attorney and filling in writing
'with the Court your defenses or objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a judgment may be entered against
you by the Court without further notice for any money claimed in the complaint or for any other
claim or relief requested by the Plaintiff. You may lose money or property or other rights
:important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE 'YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF
YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO
:PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
Darrell C. Dethlefs, Esquire
ID # 58805
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone - (717) 975-9446
Fax - (717) 975-2309
DDethlea&Aol.com Attorney for Plaintiff
MID PENN BANK : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,
:PENNSYLVANIA
V. CIVIL ACTION -LAW
(MORTGAGE FORECLOSURE)
WSW ENTERPRISES, LLC, : No.: 12-829
Defendant : JUDGMENT ENTERED
PETITION TO FIX FAIR MARKET VALUE OF REAL PROPERTY SOLD AND
TO ESTABLISH DEFICIENCY
AND NOW comes the Plaintiff, Mid Penn Bank, by and through its attorneys, the
Dethlefs-Pykosh Law Group, LLC, by Darrell C. Dethlefs, Esquire, who files this
Petition, pursuant to 42 Pa. C.S.A. § 8103, to fix the fair market value of real property
(the "Petition") against Defendant, WSW Enterprises, LLC, and hereby alleges as
follows:
1. Mid Penn Bank, Plaintiff in this action, is a duly organized Pennsyvlania
financial institution.
2. WSW Enterprises, LLC, the Defendant in this action, borrowed money from
Plaintiff pursuant to certain notes and agreements.
3. Defendant defaulted on its obligations to Plaintiff and accordingly Plaintiff
sought and received several judgments against Defendant in this Court.
4. Judgments were entered in favor of Plaintiff, Mid Penn Bank, and against
Defendant as follows:
a. On docket 2012-639, plaintiff was granted a confessed judgment on a
note in the amount of $128,405.31 with interest accruing on that amount from the
date of filing, January 30, 2012, at the rate of 4.25%/$13.71 per diem;
b. On docket 2012-640, plaintiff was granted a confessed judgment on a
note in the amount of $426,628.31 with interest accruing on that amount from the
date of filing, January 30, 2012, at the rate of 4.25%/$45.63 per diem;'
c. On docket 2012-642, plaintiff was granted a confessed judgment on a
note in the amount of $32,647.67 with interest accruing on that amount from the
date of filing, January 30, 2012, at the rate of 4.25%/$3.46 per diem.
d. On docket 2012-829, plaintiff was awarded the sum of $388,143.39 as
a result of a Default in rem Judgment in Mortgage Foreclosure with interest
accruing on that amount from January 24, 2012 at the rate of 4.25% plus costs of
suit.
5. On September 5, 2012, plaintiff, in foreclosure on the mortgage and by Writ
of Execution, caused the Sheriff's sale of the Subject Property located at 770 South West
Street, Carlisle Borough, Carlisle, PA, 17013, Cumberland County, more fully described
'This judgment is a confessed judgment upon the promissory note which indebtedness was also the basis
of the instant action in mortgage foreclosure (2012-829).
as: the tract of land with improvements theron erected situated in the Borough of Carlisle,
Cumberland County, Pennsylvania, more particularly described as follows, to wit:
Beginning at an iron pipe on the West side of South West Street., which point is at the
northeast corner of lands now or formerly of the Elwood Company, Inc., and leased to
Mobil Oil Corporation; thence along said lands now or formerly leased to Mobil Oil
Corporation leased to Mobil Oil Corporation, North 79 degrees 11 minutes West, a
distance of 200 feet to an iron pipe on the East side of Penrose Place (a 60 foot wide
street); thence along the East side of Penrose Place, North 10 degrees 53 minutes East, a
distance of 127.84 feet to a point; thence by the same, by a curve to the right having a
radius of 123 feet, a distance of 7.91 feet to a point at the southwest corner of other lands
now or formerly of the Elwood Company, Inc., South 79 degrees 7 minutes East, a
distance of 191.70 feet to a point on the West side of South West Street; thence along the
West side of South West Street, by a curve to the right having a radius of 468 feet, a
distance of 86.91 feet to a point; thence by the same, 10 degrees 53 minutes West, a
distance of 49.09 feet to an iron pipe, the point and place of Beginning.
6. As part of an attempted debt work-out, defendant, WSW Enterprises, LLC,
approached plaintiff prior to the sheriff's sale with a potential buyer for the subject
property and an agreement was reached whereby the property would be bought back by
plaintiff bank at the sheriff's sale and then subsequently sold to the potential buyer at a
later date. As a part of this agreement, Defendant agreed to transfer the liquor license and
inventory to the purchaser of the real estate and Plaintiff agreed to apply the monies
received to Defendant's debts.
7. On the date of Sheriff's sale, with no other bidders interested, the Subject
Property was bought back by plaintiff bank for costs. A copy of the Sheriff's deed is
attached hereto, made part hereof and marked as Exhibit "A".
8. As agreed, subsequent to the Sheriff's sale, plaintiff sold the Subject Property
for $425,000.00 and Defndant sold the liquor license and inventory of the commercial
property located there upon through an arm's-length transaction to MAHI Properties,
LLC., for the sum of $178,234.90 for a total combined price of $603,234.90 according to
the attempted debt work-out plaintiff had agree to with all defendants. A copy of the
Deed to MAHI Properties, LLC is attached as Exhibit "B".
9. At the time of the Sheriff's sale, there were prior liens, costs, taxes and
municipal claims which were not discharged by the sale.
10. As part of the subsequent sale to MAHI Properties, liens and taxes that had
previously accrued when the real estate was owned by Defendant were paid by Mid Penn
Bank and are itemized on an addendum to the HUD-1. A copy of the HUD-1 notice and
its addendums are attached hereto, made part hereof and marked as Exhibit "C".
11. According to the attached HUD-1 notice, sixty-four thousand twenty-two
dollars and seventy-three cents ($64,022.73) in disbursements were made for the
following real estate transfer and unsettled tax purposes not discharged by the original
Sheriff's sale:
a. $34,800 was disbursed to the real estate broker;
b. $5,000 was disbursed to defendants attorney;
c. $4,250 was paid in transfer taxes;
d. $10,280.66 was disbursed to the Cumberland County Tax Claim
Bureau for real estate taxes;
e. $2,804.40 was disbursed to the Carlisle Borough Tax Account for
municipal and county taxes;
f. $6,798.39 was disbursed to the Carlisle Borough Tax Account for
school taxes;
g. $89.28 was disbursed to the Borough of Carlisle for water and sewer
charges.
12. The following named persons are the only persons known to plaintiff (or
ascertainable by plaintiff upon reasonable inquiry) who may be directly or indirectly
liable to it (or any other person) for the payment of the judgment debts listed in
paragraphs 4(a) through 4(d) above:
a. WSW Enterprises, LLC, a Pennsylvania Limited Liability Company
having a principal place of business located at 770 South West Street, Carlisle
Borough, Carlisle, PA, 17013, Cumberland County;
b. AAW Distributor, LLC, a Pennsylvania Limited Liability Company
having a principal place of business located at 770 South West Street, Carlisle
Borough, Carlisle, PA, 17013, Cumberland County;
c. Wendy S. Watts, an adult individual currently residing at 6335 Oxford
Road., Gardners, Adams County, PA 17324, who executed a personal guarantee
on the above-mentioned confessed judgments;
d. Stanley A. Watts Jr., an adult individual currently residing at 6335
Oxford Road., Gardners, Adams County, PA 17324, who executed a personal
guarantee on the above-mentioned confessed judgments.
13. Plaintiff applied all the monnies received from the subsequent sale of the
property to principal; accrued interest; late fees; attorney's fees and costs; and, expenses
of the sale and yet a deficiency of $23,276.95 remains.
14. It is Plaintiff's belief that the value realized from the sale of the Subject
Property applied to the balance due to Plaintiff leaves a deficiency owed at the time of the
filing of this Peitition of $23,276.95.
WHEREFORE, petitioner requests that the fair market value of the Subject
Property be fixed at $425,000.00 and further find that a deficiency exists in the amount of
$23,276.95 and therefore a deficiency judgment should be awarded to plaintiff in that
amount.
submitted,
Date: \ " /)--%
Darrell "ethlefs, Esquire
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, PA 17011
(717) 975-9446
Attorney for Plaintiff
VERIFICATION
I, Amy Custer, Assistant Vice President, Asset Recovery Manager. Mid Penn
Bank. hereby verify that the statements of fact made in the foregoing Petition are true and
correct to the best of my personal knowledge, information and belief. I understand that
any false statements therein are subject to the criminal penalties contained in 18 Pa C. S.
Section 4904, relating to unsworn falsification to authorities.
Date -__--
Assistant Vice
Asset R-ecovery Manager
Mid Penn Bank
Darrell C. Dethlefs, Esquire
ID # 58805
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone - (717) 975-9446
Fax - (717) 975-2309
DDethlefs ,aol.com Attorney for Plaintiff
MID PENN BANK : IN THE COURT OF COMMON
PLEAS
Plaintiff : CUMBERLAND COUNTY,
PENNSYLVANIA
V.
WSW ENTERPRISES, LLC,
Defendant
: CIVIL ACTION -LAW
: (MORTGAGE FORECLOSURE)
No.: 12-829
JUDGMENT ENTERED
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Petition To Fix Fair Value Of Real
Property Sold and To Establish Deficiency, was hereby served by depositing the same
within the custody of the United States Postal Service, First Class, postage prepaid,
addressed as follows:
WSW Enterprises, LLC AAW Distributor, LLC WSW Enterprises, LLC
770 South West Street 770 South West Street c/o Robert Chernicoff, Esq.
Carlisle, PA, 17013 Carlisle, PA, 17013 PO BOX 60457
Harrisburg PA 17106
Wendy S. Watts
6335 Oxford Road.
Gardners PA 17324
Stanley A. Watts Jr.
6335 Oxford Road
Gardners PA 17324
Respect 11 Submitt -
Date:
Darrell C. Dethlefs, Esquire
I.D. # 58805
2132 Market Street
Camp Hill, Pennsylvania 17011
Attorney for Plaintiff
k
I-e
Know all Men by these Presents
Tax Parcel No. 04-22-0483-127A
That I, Ronny R. Anderson, Sheriff of the County of Cumberland, In the State of
Petuisylvania, for and in consideration of the sum of $ 1.00 (One Dollar), to me in hand
paid, do hereby grant and convey to Mid Penn Bank
Writ No. 2012-829 Civil Term
Mid Penn Bank
Vs
WSW Enterprises, LLC
All that certain tract of land with improvements thereon erected situate in the Borough of
Carlisle, Cumberland County, Pennsylvania, more particularly described as follows:
BEGINNING at an iron pipe on the west side of South West Street, which point is at the
northeast corner of lands now or formerly of the Elwood Company, Inc., and leased to
Mobil Oil Corporation; thence along said lands now or formerly leased to Mobil Oil
Corporation, North 79 degrees 11 minutes West, a distance of 200 feet to an iron pipe
on the east side of Penrose Place (a 60 foot wide street); thence along the east side of
Penrose Place, North 10 degrees 53 minutes East, a distance of 127.84 feet to a point;
thence by the same, by a curve to the right having a radius of 123 feet, a distance of
7.91 feet to a point at the southwest corner of other lands now or formerly of the Elwood
Company, Inc., South 79 degrees 7 minutes East, a distance of 191.70 feet to a point
on the west side of South West Street; thence along the west side of South West Street,
by a curve to the right having a radius of 468 feet, a distance of 86.91 feet to a point;
thence by the same, South 10 degree 53 minutes West, a distance of 49.09 feet to an
iron pipe, the point and place of BEGINNING.
Containing 0.0162 acres, more or less.
Together with easements and subject to cross easements for driveway purposes at all
four corners of the herein described tract of land as shown on a survey of D.P.
Raffensperger dated October 31, 1966, revised January 30,1967.
SUBJECT, FURTHER, NEVERTHELESS, to all easements and building and use
conditions and restrictions, visible and/or of record, and covenants contained in prior
deeds and leases of record, including but not limited to the following:
1. The herein described premises shall not be developed or used, in whole or part,
for the retail sale of automotive fuel.
Having thereon erected a one-story brick building known and numbered as 770 South
West Street, Carlisle, Pennsylvania.
BEING all of Lot NO.5 describing in Subdivision Plan of the Elwood Company, Inc.,
dated April 23, 1969, and recorded in Cumberland County Plan Book 24 at Page 24.
Being the same premises which Donald Kurtz and Julie Kurtz, husband and wife, by
their Decd dated June 17, 2008 and recorded June 17, 2008 at Instrument Number
100820376 in the Office of the Recorder of Deeds in and for Cumberland County,
transferred and conveyed to WSW Enterprises, LLC, a Pennsylvania Limited Liability
Company.
The same having been sold by me to the said grantee on the 5th day of September
Anno Domini Two Thousand and Twelve (2012) after due advertisement according to
lativ, under and by Virtue of a Writ of Execution issued on the 1st of June Anno
Domini 2012 out of-the Court of Common Pleas of Cumberland County, Pennsylvania, as
of Civil Tenn, Two Thousand and Twelve (2012) Number 829 at the suit of
Mid Penn Bank vs WSW Enterprises, LLC
In Witness Whereof, I have hereunto affixed my signature this 1 s t day of November
Anno Domini Two Thousand and Twelve (2012)
v
?Ro R. Anderson, Sheriff
Commonwealth of Pennsylvania, ss.
County of Cumberland
Before the undersigned, David D. Buell, Prothonotary of the Court of Common
Pleas of Cumberland County, Pennsylvania, personally appeared Ronny R. Anderson,
Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts
Set forth in the foregoing Deed are true, and that he acknowledged the same in order that
Said deed might be recorded.. Witness my hand and seal of said Court, this I s t day
of November Anno Do mini Two Thousand and Twelve (2012)
? r
i
Prothonotary, C-bertand Camty,,Cw% e, iA
My COmmhs(on Eapdrrs the First Jj4orj lr of Wt 2014
I hereby certify that the residence
And Post Office address of the
Within Grantee is
5500 Allentown Blvd
Harrisburg, PA 17112
Ri and . Stewart
Solicitor
RFV.'.y3 Fx 04-10)
pennsytvania
tail DEPARTMENT OF REVENUF
Bureau oflndividuat Taxes
PO BOX 280603
Harrisburg, PA 17128-0603
REALTY TRANSFER TAX RECORDER'S USE ONLY
State Tax Paid
STATEMENT OF VALUE IefH
See reverse for instructions. h Date
Complete each section and file in duplicate with Recorder of Deeds when (1) the full value/consideration is not set forth in the deed, (2) the
deed is without consideration or by gift, or (3) a tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt
from tax based on family relationship or public utility easement. If more space is needed, attach additional sheets.
A. _CORRESPONDENT_- All inquiries may be directed to the fottowing person:
Name ` -- _
Telephone Number:
Darrell C. Dethlefs 7.7 975 944
Mailing Address - - - -------
h State ZIP Code
2132 Market Street ----.Camp Hill PA 17011
B. TRANSFER DATA - -- C. Date of Acce tance of Document
Grantor(s)/lessor(s) Grantee(s)/Lessee(s)
Sheriffs Office of Cumberland County Mid-Penn Bank
Mailing Address ---
1 Courthouse Square Mailing Address
---------- 5500 Allentown Blvd
-
Clty
arlisle- od-_
State ZIP Code--City - -- -- ---
-
State ZIP Code
PA 17013
Harrisburg
-
PA 17112
D. REAL ESTATE LOCAT_ION_ ---
Street Address City, Township, Borough
770 South West Street Carlisle
County
Cumberland --------- --
School District
Tax Parcel Number
Carlisle 04-22-0483-127A
E. VALUATION DATA- WAS TRANSACTION PART OF AN ASSIGNM
'
t. Actual Cash Consideration ENT OR RELOCATION? ? Y
QC N
2. Other Consideration
1,481.83 3. Total Consideration
+0
00
4. Cowlty Assessed Value .
= 1,48183
-
5. Common Level Ratio factor
--- -------
6. Fair Market-Value----
499,600.00 X 1 = 499
600
00
F. EXEMPTION DATA ,
.
- - ---
Ia. Amount of Exemption Claimed
100
00 lb. Percentage of Grantor's Interest In Real Estate 1c. Percentage of Grantor's Interest conveyed
. 100 100
Check Appropriate Box Below for Exemption Claimed.
? Will or intestate succession.
(Name of Decedent)
? Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.)
? Transfer from a trust. Date of transfer into the trust
If trust was amended attach a copy of original and amen a trus . - -
? Transfer between principal and agent/straw party. (Attach complete copy of agency/straw party agreement,)
? Transfers to the commonwealth, the U.S. and instrumentalities by gift, dedication, condemnation or in lieu of con-
demnation. (If condemnation or in lieu of condemnation, attach copy of resolution.)
® Transfer from mortgagor to a holder of a mortgage in default. (Attach copy of mortgage and note/assignment.)
? Corrective or confirmatory deed. (Attach complete copy of the deed to be corrected or confirmed.)
? Statutory corporate consolidation, merger or division. (Attach copy of articles.)
? Other (Please explain exemption claimed.)
nder penalties of law, I decla at I have examined this statement, including accompanying information, and to
the best of my knowledge a bell f, it is true, correct and complete.
Signature of Correspondent or Res ons'
Date
U,
FAILURE TO COMPLET SS FORM PROPERLY OR ATTACH REQUESTED DOCUMENTATION MAY RESULT IN
THE RECORDER'S REFUSAL TO RECORD THE DEED.
(Estate File Number)
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 201235445
Recorded On 11/16/2012 At 8:32:45 AM
* Instrument Type - DEED-SHERIFF'S
Invoice Number -122244 User ID - BMM
* Grantor - WSW ENTERPRISES LLC
* Grantee - MID PENN BANK
* Customer - CUMBERLAND CO UNTY SHERIFF
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $23.50
JUSTICE
RECORDING FEES - $12.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00
FEES
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
CARLISLE AREA SCHOOL $0.00
DISTRICT
CARLISLE BOROUGH $0.00
TOTAL PAID $63.00
* Total Pages - 5
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
C y
v
?reo
RECORDER O D EDS
" - Information denoted by an asterisk may change during
the verification process and may not he reflected on this page.
1111111111111111111111111111111
T ?
J
Prepared By:
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, PA 17011
Return to
Deth s- yk s . Law Group, LLC
2132 rke treet
C? p 11 , PA 17011
®tCurtty Settlement Services, Inc.
150 Robbins Station Road, Sufite 12
N. Huntingdon, PA 15642
724-864-9191
1111111111111
Parcel 11)#04-22-0493-127A
GENERAL WARRANTY DEED
This Indenture Made this day of ??,?..• 2012.
Between MID PENN BANK, (hereinafter called the Grantor)
AND
MAHI PROPERTIES, LLC, a Pennsylvania Limited Liability Company,
(hereinafter called the Grantee),
Witnesseth That the said Grantor for and in consideration of the sum of FOUR
HUNDRED TWENTY-FIVE THOUSAND AND 00/100 ($425,000.00) DOLLARS
lawful money of the United States of America, unto it well and truly paid by the said
Grantee, at or before the sealing and delivery hereof, the receipt whereof is hereby
acknowledged, has granted, bargained and sold, released and confirmed, and by these
presents does grant, bargain and sell, release and confirm unto the said Grantee, heirs and
assigns,
ALL THAT CERTAIN tract of land with improvements thereon erected situate
in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly
described as follows, to wit:
BEGINNING at an iron pipe on the West side of South West Street, which point is at
the northeast corner of lands now or formerly of the Elwood Company, Inc., and leased to
Mobil Oil Corporation; thence along said lands now or formerly leased to Mobil Oil
Corporation, North 79 degrees 1 1 minutes West, a distance of 200 feet to an iron pipe on
the East side of Penrose Place (a 60 foot wide street); thence along the East side of Penrose
Place, North 10 degrees 53 minutes East, a distance of 127.84 feet to a point; thence by the
same, by a curve to the right having a radius of 123 feet, a distance of 7.91 feet to a point at
EXfMW
the southwest corner of other lands now or formerly of the Elwood Company, Inc., South
79 degrees 7 minutes East, a distance of 191.70 feet to a point on the West side of South
West Street; thence along the West side of South West Street, by a curve to the right having
a radius of 468 feet, a distance of 86.91 feet to a point; thence by the same, South 10
degrees 53 minutes West, a distance of 49.09 feet to an iron pipe, the point and place of
BEGINNING.
CONTAINING 0.62 acres, more or less.
TOGETHER with easements and subject to cross easements for driveway purposes at
all four corners of the herein described tract of land as shown on a survey of D.P.
Raffensperger, dated October 31, 1966, revised January 30, 1967.
SUBJECT, FURTHER, NEVERTHELESS, to all easements and
building and use conditions and restrictions, visible and/or of record, and covenants
contained in prior deeds and leases of record, including but not limited to the following:
1. The herein described premises shall not be developed or used, in whole or in part,
for the retail sale of automotive fuel.
HAVING THEREON ERECTED a one-story brick building known and
numbered as 770 South West Street, Carlisle, Pennsylvania.
BEING all of Lot No. 5 described in Subdivision Plan of the Elwood Company, Inc.,
dated April 23, 1969, and recorded in Cumberland County Plan Book 24, at Page 24.
BEING Parcel ID# 04-22-0483-127A.
BEING THE SAME PREMISES which WSW Enterprises, LLC, by Ronny
R. Anderson, Sheriff of the County of Cumberland, Pennsylvania, by Deed dated
November 1, 2012 and recorded November 16, 2012, in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, at Instrument No. 201235445, granted
and conveyed unto Mid Penn Bank, GRANTOR herein.
Together with all and singular the buildings and improvements, ways, streets, alleys,
driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments
and appurtenances, whatsoever unto the hereby granted premises belonging, or in any
wise appertaining, and the reversions and remainders, rents, issues, and profits thereof;
and all the estate, right, title, interest, property, claim and demand whatsoever of the said
Grantors, heirs and assigns as well at law as in equity, of, in, and to the same.
To have and to hold the said lot(s) or piece(s) of ground as described herein with
the buildings and improvements thereon erected, hereditaments and premises hereby
granted, or mentioned, and intended so to be, with the appurtenances, unto . the said
Grantees, heirs and assigns, to and for the only proper use and behoof of the said
Grantees, heirs and assigns forever,
And the said Grantor and its heirs do hereby covenant and agree that it will forever
WARRANT and DEFEND all the property so granted to Grantee, and its heirs,
against every person lawfully claiming the same or any part thereof.
In Witness Whereof, the said Grantor has caused these presents to be duly
executed the day and year first above-written.
Sealed d Delivered
IN TH "SENCE OF US
SEAL)
Aid Inn V e President
k
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ?? 1?? 1U_r SS
On this- the P2 ctav nf CJ -e_6M' 2e'--
undersigned officer, personally appeared AMY CUSTER , who acknowledged herself
to be the Vice President of MID PENN BANK, and that she as such Vice President
being authorized to do so, executed the within instrument for the purposes therein
contained and signed the name of MID PENN BANK by herself as Vice President.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
V NI
COMMONWEALTH OF PENN
NOTARIAL SEAL
JL UEANNE AMETRANO, Notary Public
City of HaMsburg, Dauphin County
My Comml_4m Expires February 22, 2015
DEED
Parcel No.: 04-22-0483-127A
Grantor:
Mid Penn Bank
TO
Grantee:
MAHI Properties, LLC,
a Pennsylvania Limited Liability Company
PREMISES
770 South West Street
Carlisle, PA 17013
The address of the above named Grantee is:
_2 S. -41( e
s
Certified b .
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 201239719
Recorded On 12/20/2012 At 11:50:59 AM
* Instrument Type - DEED
Invoice Number - 125115 User ID - MSW
* Grantor - MID PENN BANK
* Grantee - MAHI PROPERTIES LLC
* Customer - SECURITY SETTLE SER INC
* FEES
STATE TRANSFER TAX $4,250.00
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $23.50
JUSTICE
RECORDING FEES - $11.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00
FEES
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
CARLISLE AREA SCHOOL $2,,125.00
DISTRICT
CARLISLE BOROUGH $2,125.00
TOTAL PAID $8„562.00
* Total Pages - 5
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
RECORDER O D EDS
" - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
111 iNIIII?N1111111l
OMB NO 2502.0261
A -- ° n
B. TYPE OF LOAN:
U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT 1.?FHA 2.[]FmHA 3. []CO NV. UNINS. 4.[]VA 5. FO CO NJ. INS.
SETTLEMENT STATEMENT 6. FILE NUMBER:
24680 7. LOAN N(JMBER:
_
8. MORTGAGE INS CASE NUMBER:
C. NOTE. This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown.
items marked "(POCJe were paid Outside the closing; they are shown here for informational purposes and are not included in the totals.
I D 798 124080FFDr24680155)
D. NAME AND ADDRESS OF BORROWER:
MAHI Properties, LLC
770 S West Street
Carlisle, PA 17013 E. NAME AND ADDRESS OF SELLER:
Mid Penn Bank
2101 Market Street
Camp Hill, PA 17011 F. NAME AND ADDRESS OF LENDER
Sovereign Bank, N.A.
235 N. 2nd. Street
Harrisburg, PA 17101-1420
G. PROPERTY LOCATION:
T70 S West Street
Carlisle, PA 17013 H. SETTLEMENT AGENT:
Security Settlement Services, Inc t. SETTLEMENT DATE*
D
17
b
2012
ecem
er
,
Cunningham 8 Chernicoff, PC
2320 N 2nd SI, Harrisburg, Pa 17110
J. SUMMARY OF BORROWER'S TRAN SACTION K. SUMMARY OF SELLER'S TRANSACTION
100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER:
101. Contract Sales Price 425,000.00 401. Contract Sales Price 425,000.00
102. Personal Property 402. Personal Property 178,234.90
103. Settlement Charges to Borrower Line 1400 12,597,25 403.
104. 404. -
105.
Adjustments For Items Paid B Seller in advance 405.---
Adjustments For Items Paid B Seller in advance
106. Munic & Co Taxes 12/17/12 to 01/01113
107. Count Taxes to 102.40 406. Munic & Co Taxes 12/17/12 to 01101113
407. Count Taxes to 102.40
108. School Taxes 12117112 to 07/01113 3,252.39 408. School Taxes 12117112 to 07/01113 3,252.39
109. 409.
110. 410.
111. 411.
112. LOT 102 Incl Inv of $23,234.90 412. Ln 402 Incl Inv of $23,234.90
120. GROSS AMOUNT DUE FROM BORROWER
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER 619,186.94
: 410. GROSS AMOUNT DUE TO SELLER
500. REDUCTIONS IN AMOUNT DUE TO SELLER: 606,589.69
201. Deposit or earnest money
5,000.00
501. Excess D osit See instructions) _
202. Principal Amount of New Loans
203. Existing loans taken subject to 340,000.00 502. Settlement Charges to Seller tine 1400
503. Existing loans taken subject to 64,022.73
204. 2nd Mort age 160,000.00 504. Payoff First Mortgage
205. 505. Payoff Second Mortgage
206. 506.
207. 507. (Deposit disb. as proceeds)
208. 508.
209. 509.
Adjustments For Items Unpaid B Seller
210. Munic 8 Co Taxes to Ad ustments Far Items Un aid 8y Seller
510. Munic & Co Taxes to
211. Count Taxes to 511. Count Taxes to
212. School Taxes to 512. School Taxes to
213. 513. '?-
214. 514. --
215. _ 515. --
216. 516. ----
217. 517.
218. SELLER IS RESPONSIBLE FOR ALL 518. SELLER IS RESPONSIBLE FOR ALL
219. FINAL UTILITY BILLS 519. FINAL UTILITY BILLS
220. TOTAL PAID BYIFOR BORROWER 505,000.00 520. TOTAL REDUCTION AMOUNT OLE SELLER 64,022.73
300. CASH AT SETTLEMENT FROMIl BORROWER:
301. Gross Amount Due From Borrower Line 1220 619,186.94
302. Less Amount Paid t3 /For Borrower Line 220 505,000.00) 600. CASH AT SETTLEMENT TOIFROM SELLER:
601. Gross Amount Due To Seller line 420
602. Less Reductions Due Seller Line 520 (
606,589.69
64,022.73
303. CASH(X FROM) ( TO) BORROWER, 114,186.94 603. CASH( X TO) ( FROM) SELLER 542,566.96
Sub - Form 1099-S
Y erpaga ror-.page
SELLER'S TAX ID SCL ICHATION. THE INFORMATION IN BLOCKS E.0, H.IAND ON LINES 401, 108,407 and 406 IS NIPORTANT Ill INFORMATION AND IS BEING FURNISHED TO THE INTERNAL REVENUE
SERVICE. IF YOU ARE REQUIRED TO FIL EA R ETURN,A NEGLIGENCE PENALTY OR OTHER SANCTION MAYBE IMPOSED ON YOU IF THIS ITEM IS REQUIRED TO BE REPORTED MID THEIRS DETERM INES
THAT IT HAS NOT BEEN REPORTED. YOUARE REQUIRED BYLAW TO PROVIDE THE SETTLEM ENTAGENT WITH YOUR CORRECT TAxRaYER IDENTIFICATION NUMBER. IF YOU 00NOT PROVIDETHE
5ETTI EMENTA T
GEN WITH
YOUR CORRECT
TAXPAYER ID TIFI
EN CATI
ON NUMBER. YOU MAYBE
SUBJECT TO CIVIL OR CRIMINAL PENALTIES IMPOSED BYLAW.
fur .
TO d. eacnan g.e of cerMl reel b, dye parwn reap an Mble ter cloung a reel esY V pen eacl.n mualrepdrl Na reel (F proceed. Pre In Mrnal ftewnu.:9.r MCS and moat lurnlsh ... remain b
you. TO determine 11you have b n reportln- Pte ul. o• sxcheng. nl your main none on your Mara Wrn, Ns Ns 2013 ScAedUle 0 (For orm 1040)1 ...ucrons .......
al .orate was not your main nomt he
action on Form 4797, Sales of Buunea. Property, Form 8252. In elellment bale Income, and/or Schedule D (Form 1040), Capital Gains and L oases. You mayheve b r114plule (payback) all or Dart of a
Fe¢pof v,d.drld. y9wbaldy 90, anf.ll euu 111 -Id o9 dla apply e)1bu -lvad•I...p•.Nded Bom Ns proc..daola que114ed m orbage bond or you receivedam-glIgo creditcerbiff-, b) YOU, original rn-aaoe loaall, n
posed .(your home at, gain during T. 6r,19 yea•v.lraryou --d Pre Fed oral morlgag. wb,,dy. Thlewlll Inc-- your la v. Sea l 8829, Recapture of
rvderal Morlpape Subaldy. nd Pub. 523. S.IIIng Y- H.-
v al•eady peld he reel 91141M laa for he period Nat inciudas P1. sale data, wbtracl Ne smounN on Lines 408.407 8 408 Bom ere amount aire.dy gold b deermine your aeducvbla .eel a aM le M
0, ,l yo uhvva al ready deducted he reel-Urbo ba in a priori-, generallyreporIMIS ambuni.s Inc— on he'Olherincome'lin a ofForm 1040. For more ir4.rmal on. w. 0.b. 523 r
Tor Pape,+.erL Redu<OOn aclHOres, .ee ne 20111narucd.no br Forma 1099, 1008.5498, and W-G2.
Dep ar unenr of ms Tea sury-Internal Revenue Seance
LNDFR 'FNALHFS OF PERJURY I CERTIFY THAT THE NUMBER SHOWN BELOW ON THI5 STATEMENT IS MY CORRECT TAXPAYER IDENTIFICATION NUMBER
?cller aSOnear,. Sellei e5lg nv Mre
Taalo?ssri r,.1DSeN:
Seller'. Slpnature
T-GI SN:
J
I
So".,
'¢S"ne Nrn
v -(nr
0 " aaID ,S 1 f1F"/tt??
1U
P- 2
L. SETTLEMENT CHARGES
700. TOTAL COMMISSION Based on Price $ 580,000.00 Q 6.0000 % 34,800.00 FA10 MOM MIOFROM
Division of Commission (line 700) as Follows: BORROWER'S SELLERS
701. 17400.00 to NAI CIR FUNUS AT FUNDSAT
702. 17400.00 to Prudential Homesales Services Group SETTLFMFNT SETTLEMENT
703. Commission Paid at Settlement 34 800.00
704. Additional Broker Fee to Prudential Homesal Services Group 300.00
800. ITEMS PAYABLE IN CONNECTION WITH LOAN
801. Loan Origination Fee % to
802. Loan Discount % to
803. Appraisal Fee to
804. Credit Report to
805. Lender's Inspection Fee to
806. Mortgage Ins. App. Fee to
807. Assumption Fee to
808. Loan Fee to Sovereign Bank, N.A. 850.00
809. BDKN Loan Fee to Sovereign Bank, N.A. 400.00
810
811.
900.ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE
901. Interest From 12/17112 to 1 1 ay 15 days
902. Mortgage Insurance Premium for morths to
903. Hazard Insurance Premium for 1.0 ears to
904.
905. _
1000. RESERVES DEPOSITED NTH LENDER
1001. Hazard Insurance months per month
1002. Mortgage Insurance months $ per month
1003. Munic & Co Taxes months $ per month _
1004. Count Taxes months $ per month
1005. School Taxes months Q $ per month
1006, months e. month
1007. months $ per month
1008. Aggregate Adjustment months $ per month
1100. TITLE CHARGES
1101. Settl ement or Closin Fee to Security Settlement Services, Inc 150.00
1102. Lien Letters to Security Settlement Services, Inc
1103. Title Examination to
1104. Title Insurance Binder to
1105. Document Pre Review Fee to Security Settlement Services, Inc
185.00 _
1106. Wire in fee to Security Settlement Services, Inc 25.00
1107. Title Clearance Matters to Duffy & Nichols, Attorneys At Law 175.00
includes above item numbers:
1108. Title Insurance to Chicago Title Insurance Company 3,230.0
0
includes above item numbersAddl Search Fees 8 BD of $665.00
1109. Lender's Coverage $ 340,000.00 425.00 SALE RATE
1110. Owner's Coverage 425,000.00 2,100.00 SALE RATE
1111. PA Endorsements 100/300/910 to Security Settlement Services. Inc 200.00 i
1112. Closing Service Letter to Chicago Title Insurance Company 75.00
1113. Attorneys Fees to Caputo & Caputo, P.C. 2,193.25
1114. Attorneys's fees to Cunningham & Chernicoff, P.C., Attorneys Al Law AAW Distributor 5,000.00
1115.
1116.
1117.
1118, 2 UCC-1 Recording Fees to Department o Stale 168.00
1200. GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recording Fees: Deed $ 64.00; Mortgage $ 90.00; Releases $ 154.00
1202. City/County Tax/Stamps: Deed 4,250.00; Mortgage _
2,125.00 2,125.00
1203. Stale Tax/Stamps: Deed 4,250.00; Mortgage 2,125.00 2,125.00
1204. 2ND MTG Rec Fee to Recorder's Office 88.00
1205. 2Assi nmt of Rents Rec Fees to Recorder's Office 154.00
1300. ADDITIONAL SETTLEMENT CHARGES
1301. Survey to
1302. Pest Inspection to
1303. Courier Fee
1304. Document Retrieval Fee
See addit'I disb. exhibit to
"1 19.972.73
7
1 14OTAL SETTLEMENT CHARGES Enter on Lines 103, Section J and 502, Section K
12,597,25
64,022.73
./
(z<ceo it<eeo issi
I-HUD-1, Page 3
Borrower(s): MAHI Properties, LLC
770 S West Street
Carlisle, PA 17013
Seller(s): Mid Penn Bank
2101 Market Street
Camp Hill, PA 17011
Lender: Sovereign Bank, N.A.
Settlement Agent: Security Settlement Services, Inc
(724)864-9191
Place of Settlement: Cunningham & Chernicoff, PC
2320 N 2nd St, Harrisburg, Pa 17110
Settlement Date: December 17, 2012
Property Location: 770 S. West Street
Carlisle, PA 17013
Cumberland County, Pennsylvania
Additional Disbursements
Payee/Description Note/Ref No. Borrower Seller
Tax Claim Bureau of Cumberland County 10,280.66
2011 Real Estate Taxes #04-22-0483-127A _
Carlisle Borough Tax Account 2,804.40
2012 Munlc/County Taxes #04-22-0483-127A
Carlisle Borough Tax Account 6,798.39
2012 School Taxes #04-22-0483-127A
Borough of Carlisle 89.28
Wat/Sew Charges-11/09 Billing AC# 011954-000
Total Additional Disbursements shown on Line 1305 $ 0.00 $ 19,972.73
I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and
accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further
certify that I have received a copy of the HUD-1 Settlement Statement.
MAHI Properties, LLC
BY:3'? ?-? 'Fit Y IJ
iCrtiben N. Patel, Manager
BY. '1
BhupIKdrW&hafA. ate!, Manager
and
BDKN, LLC dba Carlisle Beer N Cigars
Mid a Bank
v,
and
AAW Distributor, LLC, d/b/a Carlisle Beverage
BY..
BY: pi7BY:
BY:
To the best of my knowledge, the HUD-1 Settlement Statement which I have prepared is a true and accurate account
of the funds which were received and have been or will be disbursed by the undersigned as part of the settlement of
this transaction.
WARNING: It is a crime to knowingly make false statements to the United States on this or any similar form. Penalties upon conviction can
include a fine and imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010.
( 24680. P F n/2468 0155 )
WARNING: It Is a crime to knowingly make false statements to the United States on this or any similar form. Pena It les upon conviction can
include a fine and imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010-
( 24680. PF DI24680r55)
r:
Darrell C.Dethlefs,Esquire
ID#58805
Dethlefs-Pykosh Law Group,LLC
2132 Market Street
Camp Hill,Pennsylvania 17011
Telephone—(717)975-9446
Fax—(717)975-2309
DDethlefs(o)aol.com Attorney for Plaintiff
MID PENN BANK, IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION — LAW
WSW ENTERPRISES, LLC, QTY
AAW DISTRIBUTOR LLC : No.: 2012-829-CIVIL -�=
> >
STANLEY A. WATTS and
WENDY S. WATTS, MORTGAGE FORECLOSURE a
Defendants t-- -�
PRAECIPE
0-,
_.x
TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA.
Please enter judgment in favor of the Plaintiff, Mid Penn Bank, and against the
Defendants, WSW Enterprises, LLC; AAW Distributor, LLC; Stanley A. Watts; and,
Wendy S. Watts, for $23,276.95 with interest from February 20, 2013 pursuant to the
ORDER of Court dated February 20, 2013, a copy of which is attached hereto as an
Exhibit.
Dethlefs-P k sh Law Group, LLC
Dater — By:
D449 C. Dethlefs, Esquire
I D# 58805
��133�
t,f
MID PENN BANK, IN THE COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION--LAW
WSW ENTERPRISES,LLC : No.: 2012-829-CIVIL
Defendant, MORTGAGE FORECLOSURE i
JUDGMENT ENTERED
ORDER
AND NOW, this the zo day of February, 2013 upon consideration of the
Petition of the Mid Penn Bank to fix the fair market value of real estate and to establish
the deficiency owed to them pursuant to the procedures set forth in 42 Pa. C.S.A.
8103 and further upon consideration of instant Motion to Make Rule Absolute and by
reason of the non-response of Defendant,WSW Enterprises, LLC, Stanley A. Watts, Jr.,
Wendy S_ Watts, or AAW Distributor., LLC to the Rule issued upon them, dated and
served February 1, 2013, it is hereby ORDERED, ADJUDGED and DECREED that the
February 1, 2013 Rule is hereby made ABSOLUTE.
It is further ORDERED, ADJUDGED and DECREED, that the fair market value
of the subject real estate located at 770 South West Street, Carlisle Borough,
Cumberland County, Pennsylvania is $425,000.00. Finally, it is ORDERED,
ADJUDGED and DECREED that a deficiency judgment shall be entered in favor of Mid
Penn Bank and against upon Defendant, WSW Enterprises, LLC, Stanley A. Watts, Jr.,
Wendy S. Watts, and AAW Distributor, LLC in the amount of$23,276.95 with interest.
f
Pursuant to the requirements of Pa. R.C.P. 236(a)(2),(b), (d), the Prothonotary shalt
immediately give written notices of entry of this Order, including a copy of this Order, to each
party's attorney of record, or if unrepresented, to each party,and shall note in the docket the
diving of such notice and time and manner thereof.
BY THE OURT:
J.
Distribution Legend:
Darrell C. Dethlefs,Esquire i
Dethlefs-Pykosh Law Group, LLC
2132 Mark Street
Camp Hill, Pennsylvania 17011
t f WSW Enterprises, LLC
770 South West Street
—Carlisle', cxn-
�.r
JAAW Distributor, LLC
770 South West Street err'
Carlisle, Pennsylvania 17013
VANSW Enterprises,LLC
clo Robert Chernicoff, Esquire
P.O. Box 60457
Harrisburg, Pennsylvania 17106
/Wendy S.Watts
6336 Oxford Road
Gardners, Pennsylvania 17324
Stantey..A..Vllatts,., r..;
✓"6335 Oxford Road - .. .
Gardners, Pennsylvania 17324
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